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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing injunctive relief during proceedings to |
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cancel or suspend certain alcoholic beverage permits and licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage |
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Code, is amended by adding Section 11.614 to read as follows: |
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Sec. 11.614. INJUNCTIVE RELIEF. (a) This section applies |
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to a proceeding to cancel or suspend a permit that authorizes the |
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permit holder to sell alcoholic beverages for on-premises |
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consumption. |
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(b) The commission or administrator may file a motion with |
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the State Office of Administrative Hearings for injunctive relief |
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while the proceeding to cancel or suspend the permit is pending. |
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(c) If the administrator or commission establishes that |
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there are ongoing criminal acts on the permitted premises that |
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constitute a threat to the public health, safety, or welfare, the |
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administrative law judge may enter an order to stop the criminal |
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activity from occurring on the permitted premises while the |
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contested case is pending. Except as provided by Subsection (f), an |
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administrative law judge may not issue an injunctive order without |
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notice and a hearing. |
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(d) If a permit holder violates an order issued under this |
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section, the administrative law judge shall: |
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(1) cancel the permit holder's permit; |
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(2) suspend the permit holder's permit; or |
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(3) impose a civil fine on the permit holder. |
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(e) The commission or administrator may file a motion with |
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the administrative law judge requesting a hearing on the issue of |
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whether the permit holder violated an order issued under this |
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section. The administrative law judge shall hold the hearing after |
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the 10th day after the date the motion for a hearing is filed and |
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before the 21st day after the date the motion for a hearing is |
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filed. |
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(f) On application by the administrator or commission, the |
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administrative law judge may enter a temporary order without notice |
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to the permit holder to stop ongoing criminal activity that |
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immediately threatens the public health, safety, or welfare. A |
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temporary order must expire not later than the 10th day after the |
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date the order is entered. Before the temporary order expires, the |
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administrative law judge shall hold a hearing on the question of |
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whether the temporary order should be extended for the duration of |
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the contested case. |
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(g) The administrative law judge shall give priority to a |
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hearing for temporary relief over all other matters pending before |
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the administrative law judge. |
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(h) At the close of the contested case, if the permit holder |
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continues to operate, the administrative law judge may issue a |
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permanent order imposing conditions on the permit holder to prevent |
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the reoccurrence of the criminal activity on the permit holder's |
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premises. |
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SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage |
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Code, is amended by adding Section 61.722 to read as follows: |
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Sec. 61.722. INJUNCTIVE RELIEF. (a) This section applies |
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to a proceeding to cancel or suspend a license that authorizes the |
|
|
license holder to sell alcoholic beverages for on-premises |
|
|
consumption. |
|
|
(b) The commission or administrator may file a motion with |
|
|
the State Office of Administrative Hearings for injunctive relief |
|
|
while the proceeding to cancel or suspend the license is pending. |
|
|
(c) If the administrator or commission establishes that |
|
|
there are ongoing criminal acts on the licensed premises that |
|
|
constitute a threat to the public health, safety, or welfare, the |
|
|
administrative law judge may enter an order to stop the criminal |
|
|
activity from occurring on the licensed premises while the |
|
|
contested case is pending. Except as provided by Subsection (f), an |
|
|
administrative law judge may not issue an injunctive order without |
|
|
notice and a hearing. |
|
|
(d) If a license holder violates an order issued under this |
|
|
section, the administrative law judge shall: |
|
|
(1) cancel the license holder's license; |
|
|
(2) suspend the license holder's license; or |
|
|
(3) impose a civil fine on the license holder. |
|
|
(e) The commission or administrator may file a motion with |
|
|
the administrative law judge requesting a hearing on the issue of |
|
|
whether the license holder violated an order issued under this |
|
|
section. The administrative law judge shall hold the hearing after |
|
|
the 10th day after the date the motion for a hearing is filed and |
|
|
before the 21st day after the date the motion for a hearing is |
|
|
filed. |
|
|
(f) On application by the administrator or commission, the |
|
|
administrative law judge may enter a temporary order without notice |
|
|
to the license holder to stop ongoing criminal activity that |
|
|
immediately threatens the public health, safety, or welfare. A |
|
|
temporary order must expire not later than the 10th day after the |
|
|
date the order is entered. Before the temporary order expires, the |
|
|
administrative law judge shall hold a hearing on the question of |
|
|
whether the temporary order should be extended for the duration of |
|
|
the contested case. |
|
|
(g) The administrative law judge shall give priority to a |
|
|
hearing for temporary relief over all other matters pending before |
|
|
the administrative law judge. |
|
|
(h) At the close of the contested case, if the license |
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|
holder continues to operate, the administrative law judge may issue |
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|
a permanent order imposing conditions on the license holder to |
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prevent the reoccurrence of the criminal activity on the license |
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holder's premises. |
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SECTION 3. The change in law made by this Act applies only |
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to a proceeding to suspend or cancel a permit or license commenced |
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on or after the effective date of this Act. A proceeding to suspend |
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or cancel a permit or license commenced before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |