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