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.
3-6 COMMITTEE AMENDMENT NO. 1
3-7 Amend Senate Bill 337 as engrossed as follows:
3-8 1. on page 1, line 8, delete the added language "determine
3-9 whether" and restore the stricken word "give"; and,
3-10 2. on page 1, line 9, delete the added language "may have"; and,
3-11 3. on page 1, line 12, insert "106.03," between "101.63," and
3-12 "or"; and,
3-13 4. delete the following sentence on page 1, line 19-21:
3-14 "The commission shall adopt rules addressing when suspension may be
3-15 imposed without the opportunity to pay a civil penalty."
3-16 Wilson