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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 private club registration permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. Section 32.18, Alcoholic Beverage Code, as |
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amended by this Act, applies only to an appeal filed on or after the |
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effective date of this Act. An appeal filed before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |