SRC-JJJ S.B. 17 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 17
76R1039 DLF-DBy: Zaffirini
Human Services
2/5/1999
As Filed


DIGEST 

Currently, Texas law provides that if the comptroller of public accounts
finds after both notice and hearing that a permit holder has violated the
law, the comptroller may take action.  This bill would change the language
in the Tax Code to provide that a hearing is not necessary if a retailer
chooses not to attend, but that notice and an "opportunity" for a hearing
are necessary before the comptroller may take disciplinary action. 

PURPOSE

As proposed, S.B. 17  establishes provisions regarding certain hearings
held with respect to the distribution or marketing of cigarettes or tobacco
products. 

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 Section 154.1142(b), Tax Code, to authorize the
comptroller to suspend a business permit or assess a fine if, after notice
and an opportunity for a hearing , the comptroller finds a permit holder
has violated Subchapter H or K, Chapter 161, Health and Safety Code. 

SECTION 2.  Amends Section 155.0592(b), Tax Code, to make a conforming
change. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.