BILL ANALYSIS |
C.S.H.B. 575 |
By: Anchia |
Licensing & Administrative Procedures |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
There is concern that the Texas Alcoholic Beverage Commission is prohibited from imposing a civil penalty for a violation of the Alcoholic Beverage Code that is based on evidence adduced during a criminal prosecution from the same investigation, witness, or elements of that prosecution, if the defendant is found not guilty of the criminal charges, receives deferred adjudication or plea bargains, or the criminal charges are dismissed. C.S.H.B. 575 seeks to address this concern by creating an exception to this prohibition.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 575 amends the Alcoholic Beverage Code to create an exception to the prohibition against the imposition of a civil penalty on the holder of an alcoholic beverage permit on the basis of a criminal prosecution in which the defendant was found not guilty, the criminal charges were dismissed, or there has not been final adjudication for allegations involving a violation of certain specified provisions of the Alcoholic Beverage Code or allegations involving prostitution, trafficking of persons, or gambling.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 575 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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