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 Beverage
1-5 Code, 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 give the permittee or licensee the opportunity
1-9 to pay a civil penalty rather than have the permit or license
1-10 suspended, unless the basis for the suspension is a violation of
1-11 Section 11.61(b)(14), 22.12, 28.11, 61.71(a)(5), 61.71(a)(6),
1-12 61.74(a)(14), 69.13, 71.09, 101.63, 106.03, or 106.06 or an offense
1-13 relating to prostitution or gambling, in which case the commission
1-14 or administrator shall determine whether the permittee or licensee
1-15 may have the opportunity to pay a civil penalty rather than have
1-16 the permit or license suspended. The commission shall adopt rules
1-17 addressing when suspension may be imposed pursuant to this section
1-18 without the opportunity to pay a civil penalty. In adopting rules
1-19 under this subsection, the commission shall consider the type of
1-20 license or permit held, the type of violation, any aggravating or
1-21 ameliorating circumstances concerning the violation, and any past
1-22 violations of this code by the permittee or licensee. In cases in
1-23 which a civil penalty is assessed, the[. The] commission or
2-1 administrator shall determine the amount of the penalty and in
2-2 doing so shall consider the economic impact a suspension would have
2-3 on the permittee or licensee. The amount of the civil penalty may
2-4 not be less than $150 or more than $25,000 for each day the permit
2-5 or license was to have been suspended. If the licensee or
2-6 permittee does not pay the penalty before the sixth day after the
2-7 commission or administrator notifies him of the amount, [he loses
2-8 the opportunity to pay it and] the commission or administrator
2-9 shall impose the suspension.
2-10 SECTION 2. This Act takes effect September 1, 1997.
2-11 SECTION 3. The change made by this Act applies to all
2-12 alcoholic beverage license or permit holders, including a holder of
2-13 a food and beverage certificate issued by the Texas Alcoholic
2-14 Beverage Commission.
2-15 SECTION 4. (a) The change in law made by this Act applies
2-16 only to a violation of the Alcoholic Beverage Code committed on or
2-17 after the effective date of this Act. For the purposes of this
2-18 section, a violation is committed before the effective date of this
2-19 Act if any element of the violation occurs before that date.
2-20 (b) A violation committed before the effective date of this
2-21 Act is covered by the law in effect when the violation was
2-22 committed, and the former law is continued in effect for that
2-23 purpose.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 337 passed the Senate on
April 24, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 23, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 337 passed the House, with
amendment, on May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor