By Haggerty H.B. No. 2450 76R5429 MCK-F A BILL TO BE ENTITLED 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; 1-16 and 1-17 (3) failed to take reasonable steps to prevent the act 1-18 or omission. 1-19 SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage 1-20 Code, is amended by adding Section 61.86 to read as follows: 1-21 Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT. The commission 1-22 or administrator may suspend or revoke the license of a person who 1-23 is the employer of or represented by the holder of an agent's beer 1-24 license as described by Section 73.01 or otherwise discipline the 2-1 person based on an act or omission of the holder of the agent's 2-2 beer license only if an individual employed by the person in a 2-3 supervisory position: 2-4 (1) was directly involved in the act or omission of 2-5 the holder of the agent's beer license; 2-6 (2) had notice or knowledge of the act or omission; 2-7 and 2-8 (3) failed to take reasonable steps to prevent the act 2-9 or omission. 2-10 SECTION 3. (a) This Act takes effect September 1, 1999. 2-11 (b) The change in law made by this Act applies only to an 2-12 act or omission of the holder of an agent's permit under Chapter 2-13 35, Alcoholic Beverage Code, or of an agent's beer license under 2-14 Chapter 73, Alcoholic Beverage Code, that occurs on or after the 2-15 effective date of this Act. 2-16 SECTION 4. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.