By:  Zaffirini, Carona                                  S.B. No. 17
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to certain hearings held with respect to conduct relating
 1-2     to the distribution or marketing of cigarettes or tobacco products.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (b), Section 154.1142, Tax Code, is
 1-5     amended to read as follows:
 1-6           (b)  If the comptroller finds, after notice and an
 1-7     opportunity for a hearing as provided by this subchapter, that a
 1-8     permit holder has violated Subchapter H or K, Chapter 161, Health
 1-9     and Safety Code, at a place of business for which a permit is
1-10     issued, the comptroller may suspend the permit for that place of
1-11     business or administratively assess a fine as follows:
1-12                 (1)  if the permit holder has not been found to have
1-13     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-14     that place of business during the preceding 12 months, the
1-15     comptroller may require the permit holder to pay a fine in an
1-16     amount not to exceed $500;
1-17                 (2)  if the permit holder has been found to have
1-18     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-19     that place of business once during the preceding 12 months, the
1-20     comptroller may require the permit holder to pay a fine in an
1-21     amount not to exceed $750; and
1-22                 (3)  if the permit holder has been found to have
1-23     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-24     that place of business at least twice during the preceding 12
 2-1     months, the comptroller may require the permit holder to pay a fine
 2-2     in an amount not to exceed $1,000 or suspend the permit for that
 2-3     place of business for not more than three days.
 2-4           SECTION 2.  Subsection (b), Section 155.0592, Tax Code, is
 2-5     amended to read as follows:
 2-6           (b)  If the comptroller finds, after notice and an
 2-7     opportunity for a hearing as provided by this subchapter, that a
 2-8     permit holder has violated Subchapter H or K, Chapter 161, Health
 2-9     and Safety Code, at a place of business for which a permit is
2-10     issued, the comptroller may suspend the permit for that place of
2-11     business or administratively assess a fine as follows:
2-12                 (1)  if the permit holder has not been found to have
2-13     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
2-14     that place of business during the preceding 12 months, the
2-15     comptroller may require the permit holder to pay a fine in an
2-16     amount not to exceed $500;
2-17                 (2)  if the permit holder has been found to have
2-18     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
2-19     that place of business once during the preceding 12 months, the
2-20     comptroller may require the permit holder to pay a fine in an
2-21     amount not to exceed $750; and
2-22                 (3)  if the permit holder has been found to have
2-23     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
2-24     that place of business at least twice during the preceding 12
2-25     months, the comptroller may require the permit holder to pay a fine
2-26     in an amount not to exceed $1,000 or suspend the permit for that
 3-1     place of business for not more than three days.
 3-2           SECTION 3.  The change in law made by this Act applies only
 3-3     to conduct that occurs on or after the effective date of this Act.
 3-4     Conduct that occurs before the effective date of this Act is
 3-5     governed by the law as it existed immediately before the effective
 3-6     date of this Act, and that law is continued in effect for that
 3-7     purpose.
 3-8           SECTION 4.  This Act takes effect September 1, 1999.
 3-9           SECTION 5.  The importance of this legislation and the
3-10     crowded condition of the calendars in both houses create an
3-11     emergency and an imperative public necessity that the
3-12     constitutional rule requiring bills to be read on three several
3-13     days in each house be suspended, and this rule is hereby suspended.