1-1 AN ACT 1-2 relating to the discipline of certain individuals authorized to 1-3 sell certain alcoholic beverages. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage 1-6 Code, is amended by adding Section 11.72 to read as follows: 1-7 Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The commission 1-8 or administrator may suspend or revoke the permit of a person who 1-9 is represented by the holder of an agent's permit as described by 1-10 Section 35.01 or otherwise discipline the person based on an act or 1-11 omission of the holder of an agent's permit only if an individual 1-12 employed by the person in a supervisory position: 1-13 (1) was directly involved in the act or omission of 1-14 the holder of an agent's permit; 1-15 (2) had notice or knowledge of the act or omission; or 1-16 (3) failed to take reasonable steps to prevent the act 1-17 or omission. 1-18 SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage 1-19 Code, is amended by adding Section 61.86 to read as follows: 1-20 Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT. The commission 1-21 or administrator may suspend or revoke the license of a person who 1-22 is the employer of or represented by the holder of an agent's beer 1-23 license as described by Section 73.01 or otherwise discipline the 1-24 person based on an act or omission of the holder of the agent's 2-1 beer license only if an individual employed by the person in a 2-2 supervisory position: 2-3 (1) was directly involved in the act or omission of 2-4 the holder of the agent's beer license; 2-5 (2) had notice or knowledge of the act or omission; or 2-6 (3) failed to take reasonable steps to prevent the act 2-7 or omission. 2-8 SECTION 3. (a) This Act takes effect September 1, 1999. 2-9 (b) The change in law made by this Act applies only to an 2-10 act or omission of the holder of an agent's permit under Chapter 2-11 35, Alcoholic Beverage Code, or of an agent's beer license under 2-12 Chapter 73, Alcoholic Beverage Code, that occurs on or after the 2-13 effective date of this Act. 2-14 SECTION 4. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2450 was passed by the House on April 8, 1999, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2450 on May 20, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2450 was passed by the Senate, with amendments, on May 18, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor