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.