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A BILL TO BE ENTITLED
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AN ACT
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relating to appeal from certain orders of the Texas Alcoholic |
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Beverage Commission or the commission's administrator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.67(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) An appeal from an order of the commission or |
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administrator refusing, cancelling, or suspending a permit or |
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license or forfeiting a conduct surety bond may be taken to the |
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district court of the county in which the applicant, licensee, or |
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permittee resides or in which the owner of involved real or personal |
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property resides. |
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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 61.81, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 61.81. APPEAL FROM CANCELLATION, SUSPENSION, OR |
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REFUSAL OF LICENSE. Section 11.67 of this code applies to an appeal |
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from a decision or order of the commission or administrator |
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refusing, cancelling, or suspending a license or forfeiting a |
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surety bond. |
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SECTION 3. (a) Sections 11.67(a) and 61.81, Alcoholic |
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Beverage Code, as amended by this Act, apply only to an appeal of an |
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order issued on or after the effective date of this Act. Appeal of |
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an order issued before the effective date of this Act is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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(b) Section 11.67(b), Alcoholic Beverage Code, as amended |
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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 4. This Act takes effect September 1, 2011. |