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.

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