SRC-AMY S.B. 1273 78(R) BILL ANALYSIS Senate Research Center S.B. 1273 By: Armbrister Business & Commerce 4/17/2003 As Filed DIGEST AND PURPOSE Currently, Texas law allows a person holding a Texas Alcoholic Beverage Commission (TABC) license (licensee) or permit (permittee) to pay a civil penalty rather than have the license or permit suspended. Current law also requires TABC to consider the economic impact a suspension would have on a licensee or permittee when assessing civil penalties. Currently, a licensee or permittee that has committed a violation could be charged a higher fine than a permittee that has committed the same violation and has a lower volume of sales. As proposed, S.B. 1273 deletes the requirement that TABC consider a suspension's economic impact on the permittee or licensee when determining a civil penalty. This bill also deletes expired text referring to the confiscated liquor fund. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11.64, Alcoholic Beverage Code, as follows: Sec. 11.64. ALTERNATIVES TO SUSPENSION, CANCELLATION. (a) Deletes text referring to considering a suspension's economic impact on the permittee or licensee. Prohibits the Texas Alcoholic Beverage Commission (TABC) or administrator from determining the amount of the civil penalty based on certain financial criteria. (b) Deletes a reference to a retail dealer's off-premise licensee and a reference specifying Subsection (c) as being of this section. (c) Deletes the specification that Subsection (b), to which this subsection refers, is of this section. (d) Requires fees and civil penalties received by TABC under this section to be deposited in the general revenue fund. Deletes expired text referring to the confiscated liquor fund. SECTION 2. Effective date: September 1, 2003.