78R13235 E
By: Eiland H.B. No. 922
A BILL TO BE ENTITLED
AN ACT
relating to financial responsibility requirements for certain
persons licensed or permitted under the Alcoholic Beverage Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.11(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) A holder of a permit issued under this code who has held
a permit for three years or more before the date the holder applied
for renewal of the permit is not required to furnish a surety bond
if the holder:
(1) has not had a license or permit issued under this
code revoked in the five years before the date the holder applied
for renewal of the permit; and
(2) [is not the subject of a pending permit or license
revocation proceeding; and
[(3)] has continuously operated on the permitted
premises for three years or more before the date the holder applied
for renewal of the permit.
SECTION 2. Subchapter A, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.13 to read as follows:
Sec. 11.13. LIABILITY INSURANCE. (a) A person may not hold
a permit allowing the person to sell alcoholic beverages for
on-premises consumption, except a permit that is held in
conjunction with a food and beverage certificate, unless the person
maintains a liability insurance policy:
(1) issued by an insurance company authorized to write
liability insurance in this state; and
(2) that will pay, on the person's behalf, amounts the
person becomes obligated to pay as damages arising out of the
operation of the permitted premises.
(b) The minimum amounts of insurance coverage required
under this section are:
(1) $100,000 for each person to whom damages covered
by the policy are owed; and
(2) $300,000 for each single occurrence giving rise to
damages covered by the policy.
(c) The commission shall adopt rules relating to:
(1) standards for the commission's approval of the
form of an insurance policy required under this section;
(2) the method for filing proof of insurance and
obtaining the commission's approval under this section; and
(3) verification by the commission of a permit
holder's continued maintenance of the required insurance coverage.
SECTION 3. Section 61.13(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) A holder of a license issued under this code who has held
a permit for three years or more before the date the holder applied
for renewal of the license is not required to furnish a surety bond
if the holder:
(1) has not had a license or permit issued under this
code revoked in the five years before the date the holder applied
for renewal of the license; and
(2) [is not the subject of a pending permit or license
revocation proceeding; and
[(3)] has continuously operated on the licensed
premises for three years or more before the date the holder applied
for renewal of the license.
SECTION 4. Subchapter A, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.15 to read as follows:
Sec. 61.15. LIABILITY INSURANCE. (a) A person may not hold
a license allowing the person to sell alcoholic beverages for
on-premises consumption, except a license that is held in
conjunction with a food and beverage certificate, unless the person
maintains a liability insurance policy:
(1) issued by an insurance company authorized to write
liability insurance in this state; and
(2) that will pay, on the person's behalf, amounts the
person becomes obligated to pay as damages arising out of the
operation of the licensed premises.
(b) The minimum amounts of insurance coverage required
under this section are:
(1) $100,000 for each person to whom damages covered
by the policy are owed; and
(2) $300,000 for each single occurrence giving rise to
damages covered by the policy.
(c) The commission shall adopt rules relating to:
(1) standards for the commission's approval of the
form of an insurance policy required under this section;
(2) the method for filing proof of insurance and
obtaining the commission's approval under this section; and
(3) verification by the commission of a license
holder's continued maintenance of the required insurance coverage.
SECTION 5. (a) This Act takes effect September 1, 2003.
The changes in law made by this Act apply to a person who applies for
a permit or license for the sale of alcoholic beverages for
on-premises consumption, including a permit or license that is held
in conjunction with a food and beverage certificate, on or after
January 1, 2004, and to a person who, on January 1, 2004, holds a
permit or license for the sale of alcoholic beverages for
on-premises consumption, including a permit or license that is held
in conjunction with a food and beverage certificate, regardless of
when the permit or license was issued.
(b) The Texas Alcoholic Beverage Commission shall adopt all
rules necessary to implement the changes made by this Act not later
than December 31, 2003.