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.    

 

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.

 

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.

 

EFFECTIVE DATE

 

September 1, 2013.

 

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.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 11.641(c), Alcoholic Beverage Code, is repealed.

 

SECTION 1.  Section 11.641(c), Alcoholic Beverage Code, is amended to read as follows:

(c)  A civil penalty against the holder of[, including cancellation of] a permit[,] may not be imposed 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 except for allegations involving:

(1)  a violation of:

(A)  Section 22.12, 28.11, 69.13, 71.09, 101.04, 101.63, 104.01(4), 104.01(9), 106.03, 106.06, or 106.15; or

(B)  Chapter 105; or

(2)  prostitution, trafficking of persons, or gambling.

SECTION 2.  The repeal of Section 11.641(c), Alcoholic Beverage Code, applies only to the imposition of a penalty for a violation that occurs on or after the effective date of this Act.  The imposition of a penalty for a violation that occurs 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 2.  Section 11.641(c), Alcoholic Beverage Code, as amended by this Act, applies only to the imposition of a penalty for a violation that occurs on or after the effective date of this Act.  The imposition of a penalty for a violation that occurs 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, 2013.

SECTION 3. Same as introduced version.