1-1     By:  Hochberg (Senate Sponsor - Gallegos)             H.B. No. 1899

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 11, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to public participation in alcoholic beverage licensing or

 1-9     permitting hearings.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter B, Chapter 5, Alcoholic Beverage Code,

1-12     is amended by adding Section 5.435 to read as follows:

1-13           Sec. 5.435.  PUBLIC PARTICIPATION IN LICENSING OR PERMITTING

1-14     HEARINGS.  (a)  The commission or the party conducting a hearing

1-15     under this code that relates to an application for an alcoholic

1-16     beverage license or permit, the renewal, suspension, or revocation

1-17     of an alcoholic beverage license or permit, or other disciplinary

1-18     action against the holder of an alcoholic beverage license or

1-19     permit shall adopt rules or policies that provide the public with a

1-20     reasonable opportunity to appear before the commission or the party

1-21     conducting the hearing and to speak on any issue related to the

1-22     hearing.

1-23           (b)  The commission or the party conducting the hearing shall

1-24     consider the public testimony in making a decision on the hearing.

1-25           (c)  This section does not prohibit the commission or the

1-26     party conducting the hearing from adopting rules relating to:

1-27                 (1)  the conduct of the hearing, the order of

1-28     witnesses, or rules of conduct for participants, including

1-29     witnesses, at the hearing; and

1-30                 (2)  the reliability, relevance, or authenticity of

1-31     evidence presented at a hearing, except that a rule adopted under

1-32     this subsection may not prevent a party from presenting testimony

1-33     or evidence at a hearing or prevent the commission or the party

1-34     conducting the hearing from considering the testimony or evidence

1-35     under Subsection (b).

1-36           SECTION 2.  (a)  This Act takes effect September 1, 1997.

1-37           (b)  The changes in law made by this Act apply only to a

1-38     hearing that is initiated on or after the effective date of this

1-39     Act.

1-40           SECTION 3.  The importance of this legislation and the

1-41     crowded condition of the calendars in both houses create an

1-42     emergency and an imperative public necessity that the

1-43     constitutional rule requiring bills to be read on three several

1-44     days in each house be suspended, and this rule is hereby suspended.

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