1-1     By:  Jackson                                          S.B. No. 1668
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Economic Development;
 1-4     March 25, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; March 25, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the discipline of certain individuals authorized to
 1-9     sell certain alcoholic beverages.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter C, Chapter 11, Alcoholic Beverage
1-12     Code, is amended by adding Section 11.72 to read as follows:
1-13           Sec. 11.72.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
1-14     or administrator may suspend or revoke the permit of a person who
1-15     is represented by the holder of an agent's permit as described by
1-16     Section 35.01 or otherwise discipline the person based on an act or
1-17     omission of the holder of an agent's permit only if an individual
1-18     employed by the person in a supervisory position:
1-19                 (1)  was directly involved in the act or omission of
1-20     the holder of an agent's permit;
1-21                 (2)  had notice or knowledge of the act or omission;
1-22     and
1-23                 (3)  failed to take reasonable steps to prevent the act
1-24     or omission.
1-25           SECTION 2.  Subchapter C, Chapter 61, Alcoholic Beverage
1-26     Code, is amended by adding Section 61.86 to read as follows:
1-27           Sec. 61.86.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
1-28     or administrator may suspend or revoke the license of a person who
1-29     is the employer of or represented by the holder of an agent's beer
1-30     license as described by Section 73.01 or otherwise discipline the
1-31     person based on an act or omission of the holder of the agent's
1-32     beer license only if an individual employed by the person in a
1-33     supervisory position:
1-34                 (1)  was directly involved in the act or omission of
1-35     the holder of the agent's beer license;
1-36                 (2)  had notice or knowledge of the act or omission;
1-37     and
1-38                 (3)  failed to take reasonable steps to prevent the act
1-39     or omission.
1-40           SECTION 3.  (a)  This Act takes effect September 1, 1999.
1-41           (b)  The change in law made by this Act applies only to an
1-42     act or omission of the holder of an agent's permit under Chapter
1-43     35, Alcoholic Beverage Code, or of an agent's beer license under
1-44     Chapter 73, Alcoholic Beverage Code, that occurs on or after the
1-45     effective date of this Act.
1-46           SECTION 4.  The importance of this legislation and the
1-47     crowded condition of the calendars in both houses create an
1-48     emergency and an imperative public necessity that the
1-49     constitutional rule requiring bills to be read on three several
1-50     days in each house be suspended, and this rule is hereby suspended.
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