SRC-DPW H.B. 2450 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2450
76R5429 MCK-FBy: Haggerty (Jackson)
Economic Development
4/19/1999
Engrossed


DIGEST 

Currently, under Texas law there are no specified disciplinary actions for
an employer or a supervisor of an alcoholic beverage wholesaler or
distributor who was directly involved in an illegal act or had notice of an
illegal act of an employee authorized to sell liquor or beer by the agent's
license or permit. This bill would authorize the Texas Alcoholic Beverage
Commission or its administrator to suspend or revoke the license or permit
of a person who is the employer of, or represented by, the holder of an
agent's license or permit, or otherwise discipline the person based on an
act or omission of the holder of an agent's license or permit under certain
conditions. 

PURPOSE

As proposed, H.B. 2450 sets forth guidelines for the discipline of certain
individuals authorized to sell certain alcoholic beverages. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 11C, Alcoholic Beverage Code, by adding Section
11.72, as follows: 

Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. Authorizes the Texas Alcoholic
Beverage Commission (TABC) or administrator to suspend or revoke the permit
of a person who is represented by the holder of an agent's permit as
described by Section 35.01, or otherwise discipline the person based on an
act or omission of the holder of an agent's permit only if an individual
employed by the person in a supervisory position had knowledge of or failed
to prevent the act. 

SECTION 2. Amends Chapter 61C, Alcoholic Beverage Code, by adding Section
61.86, as follows: 

Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT. Authorizes TABC or
administrator to suspend or revoke the license of a person who is the
employer of or represented by the holder of an agent's beer license as
described by Section 73.01 based on an act or omission of the holder of an
agent's permit only if an individual employed by the person in a
supervisory position was directly involved in, had knowledge of, or failed
to prevent the act. 

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.