| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to investigations of violations of and complaints and |
|
|
protests under the Alcoholic Beverage Code. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 5.36, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 5.36. INVESTIGATION OF VIOLATIONS, COMPLAINTS, AND |
|
|
PROTESTS. (a) The commission shall investigate violations of this |
|
|
code and of other laws relating to alcoholic beverages, and shall |
|
|
cooperate in the prosecution of offenders before any court of |
|
|
competent jurisdiction. The commission may seize alcoholic |
|
|
beverages manufactured, sold, kept, imported, or transported in |
|
|
violation of this code and apply for the confiscation of the |
|
|
beverages if required to do so by this code. |
|
|
(b) A complaint alleging a violation of this code or another |
|
|
law relating to alcoholic beverages or a protest of the issuance or |
|
|
renewal of a permit or license under this code must include the |
|
|
legal and factual information that forms the basis of the complaint |
|
|
or protest. |
|
|
(c) Not later than the fifth business day after the date the |
|
|
commission receives a complaint alleging a violation of this code |
|
|
or another law relating to alcoholic beverages, a protest of the |
|
|
issuance or renewal of a permit or license under this code, or an |
|
|
application for an original or renewal permit or license under this |
|
|
code, the commission shall initiate an investigation of the |
|
|
complaint or protest or a potential violation of this code or a |
|
|
commission rule by the applicant who submitted the application. |
|
|
(d) The commission must complete an investigation initiated |
|
|
under Subsection (c) not later than the 30th calendar day after the |
|
|
date the complaint, protest, or application is received by the |
|
|
commission. |
|
|
(e) Except as provided by Subsection (f), but |
|
|
notwithstanding any other provision of this code, any hearing |
|
|
conducted under this code on a complaint, protest, or application |
|
|
described by this section must be held not later than the 60th |
|
|
calendar day after the date the complaint, protest, or application |
|
|
is received by the commission. Unless the deadline is waived under |
|
|
Subsection (f), if a hearing on a complaint, protest, or |
|
|
application described by this section is not held by the deadline |
|
|
imposed by this subsection, the complaint or protest shall be |
|
|
dismissed or the application is considered approved and the permit |
|
|
or license applied for shall be issued. |
|
|
(f) A permittee, licensee, or applicant that is the subject |
|
|
of a complaint, protest, or application described by this section |
|
|
may waive the deadline to conduct a hearing imposed by Subsection |
|
|
(e) by filing a written request with the commission before the 60th |
|
|
calendar day after the date the complaint, protest, or application |
|
|
is received by the commission. If the deadline imposed by |
|
|
Subsection (e) is waived under this subsection, the commission must |
|
|
allow sufficient additional time before scheduling the hearing for |
|
|
the completion of discovery and other prehearing proceedings |
|
|
authorized by law or the rules of the State Office of Administrative |
|
|
Hearings. |
|
|
SECTION 2. Section 5.36, Alcoholic Beverage Code, as |
|
|
amended by this Act, applies only to a complaint, protest, or |
|
|
application received by the Texas Alcoholic Beverage Commission on |
|
|
or after the effective date of this Act. A complaint, protest, or |
|
|
application received before the effective date of this Act is |
|
|
governed by the law in effect immediately before the effective date |
|
|
of this Act, and that law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |