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.