Bill Text: TX HB1612 | 2017-2018 | 85th Legislature | Enrolled
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: Bipartisan Bill
Status: (Passed) 2017-05-22 - Effective on 9/1/17 [HB1612 Detail]
Download: Texas-2017-HB1612-Enrolled.html
| H.B. No. 1612 | ||
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| 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, [ |
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1612 was passed by the House on April | ||
| 13, 2017, by the following vote: Yeas 136, Nays 2, 3 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1612 was passed by the Senate on May | ||
| 9, 2017, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
