By Zaffirini, et al. S.B. No. 17 76R1039 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain hearings held with respect to conduct relating 1-3 to the distribution or marketing of cigarettes or tobacco products. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 154.1142(b), Tax Code, is amended to read 1-6 as follows: 1-7 (b) If the comptroller finds, after notice and an 1-8 opportunity for a hearing as provided by this subchapter, that a 1-9 permit holder has violated Subchapter H or K, Chapter 161, Health 1-10 and Safety Code, at a place of business for which a permit is 1-11 issued, the comptroller may suspend the permit for that place of 1-12 business or administratively assess a fine as follows: 1-13 (1) if the permit holder has not been found to have 1-14 violated Subchapter H or K, Chapter 161, Health and Safety Code, at 1-15 that place of business during the preceding 12 months, the 1-16 comptroller may require the permit holder to pay a fine in an 1-17 amount not to exceed $500; 1-18 (2) if the permit holder has been found to have 1-19 violated Subchapter H or K, Chapter 161, Health and Safety Code, at 1-20 that place of business once during the preceding 12 months, the 1-21 comptroller may require the permit holder to pay a fine in an 1-22 amount not to exceed $750; and 1-23 (3) if the permit holder has been found to have 1-24 violated Subchapter H or K, Chapter 161, Health and Safety Code, at 2-1 that place of business at least twice during the preceding 12 2-2 months, the comptroller may require the permit holder to pay a fine 2-3 in an amount not to exceed $1,000 or suspend the permit for that 2-4 place of business for not more than three days. 2-5 SECTION 2. Section 155.0592(b), Tax Code, is amended to read 2-6 as follows: 2-7 (b) If the comptroller finds, after notice and an 2-8 opportunity for a hearing as provided by this subchapter, that a 2-9 permit holder has violated Subchapter H or K, Chapter 161, Health 2-10 and Safety Code, at a place of business for which a permit is 2-11 issued, the comptroller may suspend the permit for that place of 2-12 business or administratively assess a fine as follows: 2-13 (1) if the permit holder has not been found to have 2-14 violated Subchapter H or K, Chapter 161, Health and Safety Code, at 2-15 that place of business during the preceding 12 months, the 2-16 comptroller may require the permit holder to pay a fine in an 2-17 amount not to exceed $500; 2-18 (2) if the permit holder has been found to have 2-19 violated Subchapter H or K, Chapter 161, Health and Safety Code, at 2-20 that place of business once during the preceding 12 months, the 2-21 comptroller may require the permit holder to pay a fine in an 2-22 amount not to exceed $750; and 2-23 (3) if the permit holder has been found to have 2-24 violated Subchapter H or K, Chapter 161, Health and Safety Code, at 2-25 that place of business at least twice during the preceding 12 2-26 months, the comptroller may require the permit holder to pay a fine 2-27 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.