By: Farrar, et al. (Senate Sponsor - Gallegos) H.B. No. 273
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on
Intergovernmental Relations; May 21, 2005, reported favorably, as
amended, by the following vote: Yeas 5, Nays 0; May 21, 2005, sent
to printer.)
COMMITTEE AMENDMENT NO. 1 By: Gallegos
Amend C.S.H.B. 273 as follows:
1. On page 2, line 62, insert the following Sections and
renumber the subsequent Sections accordingly:
SECTION 1. Section 6.02(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The commission may not abate or refund a license or
permit fee because of a change in the expiration date made under
this section but may authorize a license or permit period of less
than one year for the period during which the expiration date is
changed. The commission may not authorize a license or permit
period of greater than two years [one year].
SECTION 2. Section 11.09, Alcoholic Beverage Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(d) and (e) to read as follows:
(a) A permit issued under this code expires on the second
anniversary of [one year after] the date it is issued, except as
[otherwise] provided by Subsections (d) and (e) or another
provision of this code. Notwithstanding Section 5.50(b), the
commission shall double the amount of fees and surcharges otherwise
applicable under this code for a permit with a two-year term.
(b) A secondary permit which requires the holder of the
permit to first obtain another permit, including a late hours
permit or temporary permit, expires on the same date the basic or
primary permit expires. The commission may not prorate or refund
any part of the fee for the secondary permit [if the application of
this section results in the expiration of the permit in less than
one year].
(c) An action by the commission resulting in the suspension
of a basic or primary permit also acts to suspend any secondary
permit held by the holder of the basic or primary permit.
(d) The commission by rule may require that the expiration
date for an individual permit holder's permit is the first
anniversary of the date on which the permit is issued due to the
permit holder's violation history.
(e) The commission may issue a permit with an expiration
date less than two years after the date the permit is issued in
order to maintain a reasonable annual distribution of renewal
application review work and permit fees. If the commission issues a
permit with an expiration date less than two years after the date
the permit is issued, the commission shall prorate the permit fee on
a monthly basis so that the permit holder pays only that portion of
the permit fee that is allocable to the number of months during
which the permit is valid.
SECTION 3. 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 of permit issued under this
code revoked in the five years before 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.
2. On page 4, line 2, insert the following Sections and
renumber the Subsequent sections accordingly:
SECTION 5. Section 61.03, Alcoholic Beverage Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(d) and (e) to read as follows:
(a) Except as provided by Subsections (d) and (e) or another
provision of this code, any [Subsection (b), a license may not be
issued for a term longer than one year. Any] license except a
branch, importer's, importer's carrier's, or temporary license
expires on the second anniversary of [one year after] the date on
which it is issued. Notwithstanding Section 5.50(b), the
commission shall require double the amount of fees and surcharges
otherwise applicable under this code for a license with a two-year
term.
(b) A secondary license which requires the holder of the
license to first obtain another license, including a late hours
license or temporary license, expires on the same date the basic or
primary license expires. The commission may not prorate or refund
any part of the fee for the secondary license [if the application of
this section results in the expiration of the license in less than
one year].
(d) The commission by rule may require that the expiration
date for an individual license holder's license is the first
anniversary of the date on which the license is issued due to the
license holder's violation history.
(e) The commission may issue a license with an expiration
date less than two years after the date the license is issued in
order to maintain a reasonable annual distribution of renewal
application review work and license fees. If the commission issues
a license with an expiration date less than two years after the date
the license is issued, the commission shall prorate the license fee
on a monthly basis so that the license holder pays only that portion
of the license fee that is allocable to the number of months during
which the license is valid.
SECTION 6. 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 of permit issued under this
code revoked in the five years before 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.
3. On page 5, line 33, insert the following Subsection:
(d) The change in law made by this Act to Sections 6.02,
11.09, and 61.03, Alcoholic Beverage Code, applies only to a
license or permit issued or renewed on or after the effective date
of this Act. A license or permit issued or renewed before the
effective date of this Act expires on its own terms and is governed
by the law in effect when the license or permit was issued or
renewed, and the former law is continued in effect for that purpose.
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain alcoholic beverage retailers;
providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.13 to read as follows:
Sec. 11.13. CERTAIN APPLICATIONS PROHIBITED. (a) In this
section, "person" includes each member of a partnership or
association and, with respect to a corporation, each officer and
the owner or owners of a majority of the corporate stock.
(b) This section applies only to an application for a
license or permit under this code in connection with premises
located in a county with a population of 1.4 million or more.
(c) Notwithstanding any other provision of this code, a
person who is related within the fourth degree by consanguinity or
affinity, as determined under Chapter 573, Government Code, to a
person against whom a proceeding is pending to determine whether to
suspend or cancel the person's wine and beer retailer's permit,
other than a permit held with a food and beverage certificate, may
not apply for any permit or license under this code for the premises
covered by the wine and beer retailer's permit while the proceeding
is pending.
(d) Notwithstanding any other provision of this code, a
person who is related within the fourth degree by consanguinity or
affinity, as determined under Chapter 573, Government Code, to a
person whose wine and beer retailer's permit, other than a permit
held with a food and beverage certificate, has been suspended or
canceled may not, for a period of two years from the date of the
cancellation, apply for any permit or license under this code for
the premises covered by the suspended or canceled permit.
SECTION 2. Subchapter B, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.321 to read as follows:
Sec. 11.321. FALSE OR MISLEADING STATEMENT IN CERTAIN
APPLICATIONS; ADMINISTRATIVE PENALTY. (a) This section applies
only to an original or renewal application made in connection with
premises located in a county with a population of 1.4 million or
more.
(b) In addition to any other applicable civil or criminal
penalty, the commission may impose an administrative penalty not to
exceed $4,000 on a person who makes a false or misleading statement
in or in connection with an original or renewal application for a
wine and beer retailer's permit, other than an application for a
wine and beer retailer's permit with a food and beverage
certificate.
SECTION 3. Section 11.61, Alcoholic Beverage Code, is
amended by adding Subsection (i) to read as follows:
(i) A hearing under Subsection (b) regarding the suspension
of a wine and beer retailer's permit for premises located in a
county with a population of 1.4 million or more, other than a permit
held with a food and beverage certificate, must be concluded not
later than the 60th day after the date notice is provided under that
subsection. The provisions of this subsection may not be waived by
the commission or the permit holder.
SECTION 4. Subchapter C, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.614 to read as follows:
Sec. 11.614. CERTAIN WINE AND BEER RETAILERS: SURETY BOND
REQUIREMENTS. (a) This section applies only to a wine and beer
retailer's permit for premises located in a county with a
population of 1.4 million or more.
(b) Notwithstanding Section 204.01 or any other provision
of this code, a person who applies for a wine and beer retailer's
permit, other than a wine and beer retailer's permit with a food and
beverage certificate, must file with the commission a surety bond,
in an amount determined by the commission, conditioned on the
permit holder's compliance with the alcoholic beverage law.
(c) A bond filed under Subsection (b) is forfeited to the
commission on the first suspension of the permit. Before the
suspended permit may be reinstated following that suspension, the
permit holder must file a second surety bond, in an amount
determined by the commission, conditioned on the permit holder's
compliance with the alcoholic beverage law.
(d) If the permit is suspended a second time, the bond filed
under Subsection (c) is forfeited to the commission. Before the
permit may be reinstated following that suspension, the permit
holder must file a third surety bond, in an amount determined by the
commission, conditioned on the permit holder's compliance with the
alcoholic beverage law.
(e) If the permit is suspended a third time, the bond filed
under Subsection (d) is forfeited to the commission and the
commission shall cancel the permit.
SECTION 5. Subchapter A, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.15 to read as follows:
Sec. 61.15. CERTAIN APPLICATIONS PROHIBITED. (a) In this
section, "person" includes each member of a partnership or
association and, with respect to a corporation, each officer and
the owner or owners of a majority of the corporate stock.
(b) This section applies only to an application for a
license or permit under this code in connection with premises
located in a county with a population of 1.4 million or more.
(c) Notwithstanding any other provision of this code, a
person who is related within the fourth degree by consanguinity or
affinity, as determined under Chapter 573, Government Code, of a
person against whom a proceeding is pending to determine whether to
suspend or cancel the person's retail dealer's on-premise license,
other than a license held with a food and beverage certificate, may
not apply for any permit or license under this code for the premises
covered by the retail dealer's on-premise license while the
proceeding is pending.
(d) Notwithstanding any other provision of this code, a
person who is related within the fourth degree by consanguinity or
affinity, as determined under Chapter 573, Government Code, of a
person whose retail dealer's on-premise license, other than a
license held with a food and beverage certificate, has been
suspended or canceled may not, for a period of two years from the
date of the cancellation, apply for any permit or license under this
code for the premises covered by the suspended or canceled permit.
SECTION 6. Subchapter B, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.52 to read as follows:
Sec. 61.52. FALSE OR MISLEADING STATEMENT IN CERTAIN
APPLICATIONS; ADMINISTRATIVE PENALTY. (a) This section applies
only to an original or renewal application made in connection with
premises located in a county with a population of 1.4 million or
more.
(b) In addition to any other applicable civil or criminal
penalty, the commission may impose an administrative penalty not to
exceed $4,000 on a person who makes a false or misleading statement
in or in connection with an original or renewal application for a
retail dealer's on-premise license, other than an application for a
retail dealer's on-premise license with a food and beverage
certificate.
SECTION 7. Section 61.71, Alcoholic Beverage Code, is
amended by adding Subsection (j) to read as follows:
(j) A hearing under Subsection (a) regarding the suspension
of a retail dealer's on-premise license for premises located in a
county with a population of 1.4 million or more, other than a
license held with a food and beverage certificate, must be
concluded not later than the 60th day after the date notice is
provided under that subsection. The provisions of this subsection
may not be waived by the commission or the license holder.
SECTION 8. Subchapter C, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.713 to read as follows:
Sec. 61.713. CERTAIN RETAIL DEALER'S ON-PREMISE LICENSES:
SURETY BOND REQUIREMENTS; CANCELLATION AND SUSPENSION ON CERTAIN
GROUNDS. (a) This section applies only to a retail dealer's
on-premise license for premises located in a county with a
population of 1.4 million or more.
(b) Notwithstanding Section 204.01 or any other provision
of this code, a person who applies for a retail dealer's on-premise
license, other than a retail dealer's on-premise license with a
food and beverage certificate, must file with the commission a
surety bond, in an amount determined by the commission, conditioned
on the license holder's compliance with the alcoholic beverage law.
(c) A bond filed under Subsection (b) is forfeited to the
commission on the first suspension of the license. Before the
suspended license may be reinstated following that suspension, the
license holder must file a second surety bond, in an amount
determined by the commission, conditioned on the license holder's
compliance with the alcoholic beverage law.
(d) If the license is suspended a second time, the bond
filed under Subsection (c) is forfeited to the commission. Before
the license may be reinstated following that suspension, the
license holder must file a third surety bond, in an amount
determined by the commission, conditioned on the license holder's
compliance with the alcoholic beverage law.
(e) If the license is suspended a third time, the bond filed
under Subsection (d) is forfeited to the commission and the
commission shall cancel the license.
SECTION 9. (a) Sections 11.13 and 61.15, Alcoholic
Beverage Code, as added by this Act, apply only to an application
for a permit or license in connection with a premises for which a
permit or license is suspended or canceled on or after the effective
date of this Act. An application for a permit or license in
connection with a premises for which a permit or license is
suspended or canceled before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
(b) Sections 11.321, 11.614, 61.52, and 61.713, Alcoholic
Beverage Code, as added by this Act, apply only to an application
for an original or renewal wine and beer retailer's permit or retail
dealer's on-premise license filed on or after the effective date of
this Act. An original or renewal application filed before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
(c) Sections 11.61(i) and 61.71(j), Alcoholic Beverage
Code, as added by this Act, apply only to a hearing commenced on or
after the effective date of this Act. A hearing commenced before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2005.
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