1-1 By: Gallegos S.B. No. 63
1-2 (In the Senate - Filed November 23, 1998; January 26, 1999,
1-3 read first time and referred to Committee on Economic Development;
1-4 March 29, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 29, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 63 By: Jackson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the expiration or suspension of an alcoholic beverage
1-11 license or permit.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 11.09, Alcoholic Beverage Code, is
1-14 amended to read as follows:
1-15 Sec. 11.09. EXPIRATION OR SUSPENSION OF PERMIT. (a) A
1-16 permit issued under this code expires one year after the date it is
1-17 issued except as otherwise provided by this code.
1-18 (b) A secondary permit which requires the holder of the
1-19 permit to first obtain another permit, including a late hours
1-20 permit or temporary permit, expires on the same date the basic or
1-21 primary permit expires. The commission may not prorate or refund
1-22 any part of the fee for the secondary permit if the application of
1-23 this section results in the expiration of the permit in less than
1-24 one year.
1-25 (c) An action by the commission resulting in the suspension
1-26 of a basic or primary permit also acts to suspend any secondary
1-27 permit held by the holder of the basic or primary permit.
1-28 SECTION 2. Subchapter A, Chapter 11, Alcoholic Beverage
1-29 Code, is amended by adding Section 11.091 to read as follows:
1-30 Sec. 11.091. NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT.
1-31 (a) The commission shall verify that the holder of an expired or
1-32 suspended retail permit is not operating in violation of this code.
1-33 The verification, including any inspection of the premises by
1-34 commission personnel, must occur within a reasonable time after the
1-35 date the permit expires or is suspended.
1-36 (b) The commission shall promptly notify each wholesaler, as
1-37 that term is ordinarily used and understood in Section 102.01, who
1-38 regularly supplies retailers in the geographic area that the
1-39 holder's retail permit has expired or has been suspended.
1-40 SECTION 3. Section 61.03, Alcoholic Beverage Code, is
1-41 amended to read as follows:
1-42 Sec. 61.03. [DURATION AND] EXPIRATION OR SUSPENSION OF
1-43 LICENSE. (a) Except as provided by Subsection (b), a [No] license
1-44 may not be issued for a term longer than one year. Any license
1-45 except a branch, importer's, importer's carrier's, or temporary
1-46 license expires one year after the date on which it is issued.
1-47 (b) A secondary license which requires the holder of the
1-48 license to first obtain another license, including a late hours
1-49 license or temporary license, expires on the same date the basic or
1-50 primary license expires. The commission may not prorate or refund
1-51 any part of the fee for the secondary license if the application of
1-52 this section results in the expiration of the license in less than
1-53 one year.
1-54 (c) An action by the commission resulting in the suspension
1-55 of a basic or primary license also acts to suspend any secondary
1-56 license held by the holder of the basic or primary license.
1-57 SECTION 4. Subchapter A, Chapter 61, Alcoholic Beverage
1-58 Code, is amended by adding Section 61.031 to read as follows:
1-59 Sec. 61.031. NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE.
1-60 (a) The commission shall verify that the holder of an expired or
1-61 suspended retail license is not operating in violation of this
1-62 code. The verification, including any inspection of the premises
1-63 by commission personnel, must occur within a reasonable time after
1-64 the date the license expires or is suspended.
2-1 (b) The commission shall promptly notify each wholesaler, as
2-2 that term is ordinarily used and understood in Section 102.01, who
2-3 regularly supplies retailers in the geographic area that the
2-4 holder's retail license has expired or has been suspended.
2-5 SECTION 5. This Act takes effect September 1, 1999.
2-6 SECTION 6. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.
2-11 * * * * *