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.