1-1 By: West, Gallegos S.B. No. 337
1-2 (In the Senate - Filed January 29, 1997; February 3, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 15, 1997, reported favorably by the following vote: Yeas 12,
1-5 Nays 0; April 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to sanctions that may be imposed on the holder of an
1-9 alcoholic beverage permit or license.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 11.64, Alcoholic Beverage
1-12 Code, is amended to read as follows:
1-13 (a) When the commission or administrator is authorized to
1-14 suspend a permit or license under this code, the commission or
1-15 administrator shall determine whether [give] the permittee or
1-16 licensee may have the opportunity to pay a civil penalty rather
1-17 than have the permit or license suspended. The commission shall
1-18 adopt rules addressing when suspension may be imposed without the
1-19 opportunity to pay a civil penalty. In adopting rules under this
1-20 subsection, the commission shall consider the type of license or
1-21 permit held, the type of violation, any aggravating or ameliorating
1-22 circumstances concerning the violation, and any past violations of
1-23 this code by the permittee or licensee. In cases in which a civil
1-24 penalty is assessed, the [The] commission or administrator shall
1-25 determine the amount of the penalty and in doing so shall consider
1-26 the economic impact a suspension would have on the permittee or
1-27 licensee. The amount of the civil penalty may not be less than
1-28 $150 or more than $25,000 for each day the permit or license was to
1-29 have been suspended. If the licensee or permittee does not pay the
1-30 penalty before the sixth day after the commission or administrator
1-31 notifies him of the amount, [he loses the opportunity to pay it
1-32 and] the commission or administrator shall impose the suspension.
1-33 SECTION 2. This Act takes effect September 1, 1997.
1-34 SECTION 3. The change made by this Act applies to all
1-35 alcoholic beverage license or permit holders, including a holder of
1-36 a food and beverage certificate issued by the Texas Alcoholic
1-37 Beverage Commission.
1-38 SECTION 4. (a) The change in law made by this Act applies
1-39 only to a violation of the Alcoholic Beverage Code committed on or
1-40 after the effective date of this Act. For the purposes of this
1-41 section, a violation is committed before the effective date of this
1-42 Act if any element of the violation occurs before that date.
1-43 (b) A violation committed before the effective date of this
1-44 Act is covered by the law in effect when the violation was
1-45 committed, and the former law is continued in effect for that
1-46 purpose.
1-47 SECTION 5. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended.
1-52 * * * * *