By: Jackson S.B. No. 1668
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the discipline of certain individuals authorized to
1-2 sell certain alcoholic beverages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage
1-5 Code, is amended by adding Section 11.72 to read as follows:
1-6 Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The commission
1-7 or administrator may suspend or revoke the permit of a person who
1-8 is represented by the holder of an agent's permit as described by
1-9 Section 35.01 or otherwise discipline the person based on an act or
1-10 omission of the holder of an agent's permit only if an individual
1-11 employed by the person in a supervisory position:
1-12 (1) was directly involved in the act or omission of
1-13 the holder of an agent's permit;
1-14 (2) had notice or knowledge of the act or omission;
1-15 and
1-16 (3) failed to take reasonable steps to prevent the act
1-17 or omission.
1-18 SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage
1-19 Code, is amended by adding Section 61.86 to read as follows:
1-20 Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT. The commission
1-21 or administrator may suspend or revoke the license of a person who
1-22 is the employer of or represented by the holder of an agent's beer
1-23 license as described by Section 73.01 or otherwise discipline the
1-24 person based on an act or omission of the holder of the agent's
2-1 beer license only if an individual employed by the person in a
2-2 supervisory position:
2-3 (1) was directly involved in the act or omission of
2-4 the holder of the agent's beer license;
2-5 (2) had notice or knowledge of the act or omission;
2-6 and
2-7 (3) failed to take reasonable steps to prevent the act
2-8 or omission.
2-9 SECTION 3. (a) This Act takes effect September 1, 1999.
2-10 (b) The change in law made by this Act applies only to an
2-11 act or omission of the holder of an agent's permit under Chapter
2-12 35, Alcoholic Beverage Code, or of an agent's beer license under
2-13 Chapter 73, Alcoholic Beverage Code, that occurs on or after the
2-14 effective date of this Act.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.