By Dukes H.B. No. 1150
76R5136 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suspending or canceling certain permits and licenses to
1-3 sell alcoholic beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.611, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 11.611. CONVICTION OF OFFENSE RELATING TO
1-8 DISCRIMINATION. The commission or administrator may suspend for
1-9 not more than 60 days or cancel an original or renewal permit if it
1-10 is found, after notice and hearing that:
1-11 (1) the permittee has been finally convicted of any
1-12 offense under state or federal law or a municipal ordinance
1-13 prohibiting the violation of an individual's civil rights or the
1-14 discrimination against an individual on the basis of the
1-15 individual's race, color, disability, religion, sex [creed], or
1-16 national origin; and
1-17 (2) the offense was committed on the licensed premises
1-18 or in connection with the operation of the permittee's business.
1-19 SECTION 2. Section 61.711, Alcoholic Beverage Code, is
1-20 amended to read as follows:
1-21 Sec. 61.711. RETAIL DEALER: CONVICTION OF OFFENSE RELATING
1-22 TO DISCRIMINATION. The commission or administrator may suspend for
1-23 not more than 60 days or cancel an original or renewal retail
1-24 dealer's on- or off-premise license if it is found after notice and
2-1 hearing that:
2-2 (1) the licensee has been finally convicted of any
2-3 offense under a state or federal law or a municipal ordinance
2-4 prohibiting the violation of an individual's civil rights or the
2-5 discrimination against an individual on the basis of the
2-6 individual's race, color, disability, religion, sex [creed], or
2-7 national origin; and
2-8 (2) the offense was committed on the licensed premises
2-9 or in connection with the operation of the licensee's business.
2-10 SECTION 3. Section 109.56, Alcoholic Beverage Code, is
2-11 amended to read as follows:
2-12 Sec. 109.56. CONVICTION OF OFFENSE RELATING TO
2-13 DISCRIMINATION; POLICY OF NONDISCRIMINATION. The commission or
2-14 administrator may suspend for not more than 60 days or cancel an
2-15 original or renewal permit if it is found, after notice and hearing
2-16 that:
2-17 (1) the permittee has been finally convicted of any
2-18 offense under state or federal law or a municipal ordinance
2-19 prohibiting the violation of an individual's civil rights or the
2-20 discrimination against an individual on the basis of the
2-21 individual's race, color, disability, national origin [creed], sex,
2-22 or religion; and
2-23 (2) the offense was committed on the licensed premises
2-24 or in connection with the operation of the permittee's business.
2-25 SECTION 4. (a) This Act takes effect September 1, 1999.
2-26 (b) The changes in law made by this Act relating to
2-27 suspending or canceling a permit or license apply only to an
3-1 offense that occurs on or after the effective date of this Act.
3-2 For the purposes of this section, an offense is committed before
3-3 the effective date of this Act if any element of the offense occurs
3-4 before that date. An offense that occurred before the effective
3-5 date of this Act is covered by the law in effect when the offense
3-6 occurred, and the former law is continued in effect for that
3-7 purpose.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.