1-1 By: Haggerty (Senate Sponsor - Jackson) H.B. No. 2450 1-2 (In the Senate - Received from the House April 9, 1999; 1-3 April 12, 1999, read first time and referred to Committee on 1-4 Economic Development; April 22, 1999, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; April 22, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the discipline of certain individuals authorized to 1-9 sell certain alcoholic beverages. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage 1-12 Code, is amended by adding Section 11.72 to read as follows: 1-13 Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The commission 1-14 or administrator may suspend or revoke the permit of a person who 1-15 is represented by the holder of an agent's permit as described by 1-16 Section 35.01 or otherwise discipline the person based on an act or 1-17 omission of the holder of an agent's permit only if an individual 1-18 employed by the person in a supervisory position: 1-19 (1) was directly involved in the act or omission of 1-20 the holder of an agent's permit; 1-21 (2) had notice or knowledge of the act or omission; 1-22 and 1-23 (3) failed to take reasonable steps to prevent the act 1-24 or omission. 1-25 SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage 1-26 Code, is amended by adding Section 61.86 to read as follows: 1-27 Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT. The commission 1-28 or administrator may suspend or revoke the license of a person who 1-29 is the employer of or represented by the holder of an agent's beer 1-30 license as described by Section 73.01 or otherwise discipline the 1-31 person based on an act or omission of the holder of the agent's 1-32 beer license only if an individual employed by the person in a 1-33 supervisory position: 1-34 (1) was directly involved in the act or omission of 1-35 the holder of the agent's beer license; 1-36 (2) had notice or knowledge of the act or omission; 1-37 and 1-38 (3) failed to take reasonable steps to prevent the act 1-39 or omission. 1-40 SECTION 3. (a) This Act takes effect September 1, 1999. 1-41 (b) The change in law made by this Act applies only to an 1-42 act or omission of the holder of an agent's permit under Chapter 1-43 35, Alcoholic Beverage Code, or of an agent's beer license under 1-44 Chapter 73, Alcoholic Beverage Code, that occurs on or after the 1-45 effective date of this Act. 1-46 SECTION 4. The importance of this legislation and the 1-47 crowded condition of the calendars in both houses create an 1-48 emergency and an imperative public necessity that the 1-49 constitutional rule requiring bills to be read on three several 1-50 days in each house be suspended, and this rule is hereby suspended. 1-51 * * * * *