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A BILL TO BE ENTITLED
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AN ACT
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relating to appeal of an order of the Texas Alcoholic Beverage |
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Commission or the commission's administrator refusing, canceling, |
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or suspending a license or permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.67(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The appeal shall be under the substantial evidence rule |
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and against the commission alone as defendant. The rules |
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applicable to ordinary civil suits apply, with the following |
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exceptions, which shall be construed literally: |
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(1) the appeal shall be perfected and filed within 30 |
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days after the date the order, decision, or ruling of the commission |
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or administrator becomes final and appealable; |
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(2) the case shall be tried before a judge within 60 |
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[10] days from the date it is filed; |
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(3) neither party is entitled to a jury; and |
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(4) the order, decision, or ruling of the commission |
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or administrator may be suspended or modified by the court pending a |
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trial on the merits, but the final judgment of the district court |
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may not be modified or suspended pending appeal. |
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SECTION 2. Section 32.18, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 32.18. APPEALS FROM ORDERS OF COMMISSION OR |
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ADMINISTRATOR. An appeal from an order of the commission or |
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administrator refusing, cancelling, or suspending a private club |
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registration permit shall be taken to the district court of the |
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county in which the private club is located. The proceeding on |
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appeal shall be under the substantial evidence rule. The rules |
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applicable to ordinary civil suits apply, with the following |
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exceptions, which shall be construed literally: |
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(1) all appeals shall be perfected and filed within 30 |
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days after the order, decision, or ruling of the commission or |
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administrator becomes final and appealable; |
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(2) all causes shall be tried before the judge within |
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60 [10] days from the filing, and neither party shall be entitled to |
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a jury; and |
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(3) the order, decision, or ruling of the commission |
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or administrator may be suspended or modified by the district court |
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pending a trial on the merits, but the final judgment of the |
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district court shall not be modified or suspended pending appeal. |
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SECTION 3. Sections 11.67(b) and 32.18, Alcoholic Beverage |
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Code, as amended by this Act, apply only to an appeal filed on or |
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after the effective date of this Act. An appeal filed before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |