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. 1-45 * * * * *