Bill Text: TX SB954 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the authority of the Texas Alcoholic Beverage Commission to offer a civil penalty in lieu of suspending a permit or license.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-01 - Referred to Business & Commerce [SB954 Detail]

Download: Texas-2017-SB954-Introduced.html

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85R8896 MCK-D
By: Hancock S.B. No. 954

A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Alcoholic Beverage
Commission to offer a civil penalty in lieu of suspending a permit
or license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.64(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) When the commission or administrator is authorized to
suspend a permit or license under this code, the commission or
administrator shall give the permittee or licensee the opportunity
to pay a civil penalty rather than have the permit or license
suspended, unless the basis for the suspension is a violation of
Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),
61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,
101.63, 104.01(a)(4), 106.03, 106.06, or 106.15, the sale or offer
for sale of an alcoholic beverage during hours prohibited by
Chapter 105, consumption or the permitting of consumption of an
alcoholic beverage on the person's licensed or permitted premises
during hours prohibited by Chapter 105 or Section 32.17(a)(7), or
an offense relating to prostitution, trafficking of persons, [or]
gambling, or controlled substances or drugs, in which case the
commission or administrator shall determine whether the permittee
or licensee may have the opportunity to pay a civil penalty rather
than have the permit or license suspended. The commission shall
adopt rules addressing when suspension may be imposed pursuant to
this section without the opportunity to pay a civil penalty. In
adopting rules under this subsection, the commission shall consider
the type of license or permit held, the type of violation, any
aggravating or ameliorating circumstances concerning the
violation, and any past violations of this code by the permittee or
licensee. In cases in which a civil penalty is assessed, the
commission or administrator shall determine the amount of the
penalty. The amount of the civil penalty may not be less than $150
or more than $25,000 for each day the permit or license was to have
been suspended. If the licensee or permittee does not pay the
penalty before the sixth day after the commission or administrator
notifies him of the amount, the commission or administrator shall
impose the suspension.
SECTION 2. Section 11.64(a), 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, 2017.