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.