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. 2-7 * * * * *