By:  West, Gallegos                                    S.B. No. 337

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to sanctions that may be imposed on the holder of an

 1-2     alcoholic beverage permit or license.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (a), Section 11.64, Alcoholic

 1-5     Beverage, is amended to read as follows:

 1-6           (a)  When the commission or administrator is authorized to

 1-7     suspend a permit or license under this code, the commission or

 1-8     administrator shall determine whether [give] the permittee or

 1-9     licensee may have the opportunity to pay a civil penalty rather

1-10     than have the permit or license suspended, unless the basis for the

1-11     suspension is a violation of Section 11.61(b)(14), 22.12, 28.11,

1-12     61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.63, or

1-13     106.06 or an offense relating to prostitution or gambling, in which

1-14     case the commission or administrator shall determine whether the

1-15     permittee or licensee may have the opportunity to pay a civil

1-16     penalty rather than have the permit or license suspended.  The

1-17     commission shall adopt rules addressing when suspension may be

1-18     imposed pursuant to this section without the opportunity to pay a

1-19     civil penalty.  The commission shall adopt rules addressing when

1-20     suspension may be imposed without the opportunity to pay a civil

1-21     penalty.  In adopting rules under this subsection, the commission

1-22     shall consider the type of license or permit held, the type of

1-23     violation, any aggravating or ameliorating circumstances concerning

 2-1     the violation, and any past violations of this code by the

 2-2     permittee or licensee.  In cases in which a civil penalty is

 2-3     assessed, the[.  The] commission or administrator shall determine

 2-4     the amount of the penalty and in doing so shall consider the

 2-5     economic impact a suspension would have on the permittee or

 2-6     licensee.  The amount of the civil penalty may not be less than

 2-7     $150 or more than $25,000 for each day the permit or license was to

 2-8     have been suspended.  If the licensee or permittee does not pay the

 2-9     penalty before the sixth day after the commission or administrator

2-10     notifies him of the amount, [he loses the opportunity to pay it

2-11     and] the commission or administrator shall impose the suspension.

2-12           SECTION 2.  This Act takes effect September 1, 1997.

2-13           SECTION 3.  The change made by this Act applies to all

2-14     alcoholic beverage license or permit holders, including a holder of

2-15     a food and beverage certificate issued by the Texas Alcoholic

2-16     Beverage Commission.

2-17           SECTION 4.  (a)  The change in law made by this Act applies

2-18     only to a violation of the Alcoholic Beverage Code committed on or

2-19     after the effective date of this Act.  For the purposes of this

2-20     section, a violation is committed before the effective date of this

2-21     Act if any element of the violation occurs before that date.

2-22           (b)  A violation committed before the effective date of this

2-23     Act is covered by the law in effect when the violation was

2-24     committed, and the former law is continued in effect for that

2-25     purpose.

 3-1           SECTION 5.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.