By West                                          S.B. No. 337

      75R4396 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to sanctions that may be imposed on the holder of an

 1-3     alcoholic beverage permit or license.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 11.64(a), Alcoholic Beverage Code, is

 1-6     amended to read as follows:

 1-7           (a)  When the commission or administrator is authorized to

 1-8     suspend a permit or license under this code, the commission or

 1-9     administrator shall determine whether [give] the permittee or

1-10     licensee may have the opportunity to pay a civil penalty rather

1-11     than have the permit or license suspended.  The commission shall

1-12     adopt rules addressing when suspension may be imposed without the

1-13     opportunity to pay a civil penalty.  In adopting rules under this

1-14     subsection, the commission shall consider the type of license or

1-15     permit held, the type of violation, any aggravating or ameliorating

1-16     circumstances concerning the violation, and any past violations of

1-17     this code by the permittee or licensee.  In cases in which a civil

1-18     penalty is assessed, the [The] commission or administrator shall

1-19     determine the amount of the penalty and in doing so shall consider

1-20     the economic impact a suspension would have on the permittee or

1-21     licensee.  The amount of the civil penalty may not be less than

1-22     $150 or more than $25,000 for each day the permit or license was to

1-23     have been suspended.  If the licensee or permittee does not pay the

1-24     penalty before the sixth day after the commission or administrator

 2-1     notifies him of the amount, [he loses the opportunity to pay it

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

 2-3           SECTION 2.  This Act takes effect September 1, 1997.

 2-4           SECTION 3.  The change made by this Act applies to all

 2-5     alcoholic beverage license or permit holders, including a holder of

 2-6     a food and beverage certificate issued by the Texas Alcoholic

 2-7     Beverage Commission.

 2-8           SECTION 4.  (a)  The change in law made by this Act applies

 2-9     only to a violation of the Alcoholic Beverage Code committed on or

2-10     after the effective date of this Act.  For the purposes of this

2-11     section, a violation is committed before the effective date of this

2-12     Act if any element of the violation occurs before that date.

2-13           (b)  A violation committed before the effective date of this

2-14     Act is covered by the law in effect when the violation was

2-15     committed, and the former law is continued in effect for that

2-16     purpose.

2-17           SECTION 5.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.