Honorable Kino Flores, Chair, House Committee on Licensing & Administrative Procedures
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB2605 by Hochberg (Relating to licensing or permitting of an alcoholic beverage business or establishment.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Alcoholic Beverage Code relating to licensing or permitting of an alcoholic beverage business or establishment. The bill grants administrative law judges (ALJs) the power to enter interim orders during the pendency of a Texas Alcoholic Beverage Commission (TABC) case docketed at the State Office of Administrative Hearings (SOAH). After notice and a hearing within 10 days, the ALJs could issue an order binding the conduct of an alcoholic beverage business or establishment owned or operated by a party, as are necessary to protect the public health, safety and welfare and to insure ongoing compliance with the provisions of this code and the rules of the commission. The bill also addresses denial or cancellation of permits and licenses for nuisance factors. The bill would take effect immediately if two-thirds of the House of Representatives and Senate members vote to enact the legislation. If it does not receive the vote necessary for immediate impact, the bill would take effect on September 1, 2007.
The TABC and the SOAH have both determined that the cost of implementing the provisions of the bill would not be significant. It is assumed that any additional costs can be absorbed within each agency’s current appropriations.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
360 State Office of Administrative Hearings, 458 Alcoholic Beverage Commission