1-1     By:  Zaffirini, Carona                                  S.B. No. 17
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Human Services;
 1-4     February 17, 1999, reported favorably by the following vote:  Yeas
 1-5     5, Nays 0; February 17, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain hearings held with respect to conduct relating
 1-9     to the distribution or marketing of cigarettes or tobacco products.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (b), Section 154.1142, Tax Code, is
1-12     amended to read as follows:
1-13           (b)  If the comptroller finds, after notice and an
1-14     opportunity for a hearing as provided by this subchapter, that a
1-15     permit holder has violated Subchapter H or K, Chapter 161, Health
1-16     and Safety Code, at a place of business for which a permit is
1-17     issued, the comptroller may suspend the permit for that place of
1-18     business or administratively assess a fine as follows:
1-19                 (1)  if the permit holder has not been found to have
1-20     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-21     that place of business during the preceding 12 months, the
1-22     comptroller may require the permit holder to pay a fine in an
1-23     amount not to exceed $500;
1-24                 (2)  if the permit holder has been found to have
1-25     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-26     that place of business once during the preceding 12 months, the
1-27     comptroller may require the permit holder to pay a fine in an
1-28     amount not to exceed $750; and
1-29                 (3)  if the permit holder has been found to have
1-30     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-31     that place of business at least twice during the preceding 12
1-32     months, the comptroller may require the permit holder to pay a fine
1-33     in an amount not to exceed $1,000 or suspend the permit for that
1-34     place of business for not more than three days.
1-35           SECTION 2.  Subsection (b), Section 155.0592, Tax Code, is
1-36     amended to read as follows:
1-37           (b)  If the comptroller finds, after notice and an
1-38     opportunity for a hearing as provided by this subchapter, that a
1-39     permit holder has violated Subchapter H or K, Chapter 161, Health
1-40     and Safety Code, at a place of business for which a permit is
1-41     issued, the comptroller may suspend the permit for that place of
1-42     business or administratively assess a fine as follows:
1-43                 (1)  if the permit holder has not been found to have
1-44     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-45     that place of business during the preceding 12 months, the
1-46     comptroller may require the permit holder to pay a fine in an
1-47     amount not to exceed $500;
1-48                 (2)  if the permit holder has been found to have
1-49     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-50     that place of business once during the preceding 12 months, the
1-51     comptroller may require the permit holder to pay a fine in an
1-52     amount not to exceed $750; and
1-53                 (3)  if the permit holder has been found to have
1-54     violated Subchapter H or K, Chapter 161, Health and Safety Code, at
1-55     that place of business at least twice during the preceding 12
1-56     months, the comptroller may require the permit holder to pay a fine
1-57     in an amount not to exceed $1,000 or suspend the permit for that
1-58     place of business for not more than three days.
1-59           SECTION 3.  The change in law made by this Act applies only
1-60     to conduct that occurs on or after the effective date of this Act.
1-61     Conduct that occurs before the effective date of this Act is
1-62     governed by the law as it existed immediately before the effective
1-63     date of this Act, and that law is continued in effect for that
1-64     purpose.
 2-1           SECTION 4.  This Act takes effect September 1, 1999.
 2-2           SECTION 5.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.
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