Bill Text: TX HB1957 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to appeal from certain orders of the Texas Alcoholic Beverage Commission or the commission's administrator.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-05 - No action taken in committee [HB1957 Detail]
Download: Texas-2011-HB1957-Introduced.html
82R9726 AJA-F | ||
By: Thompson | H.B. No. 1957 |
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relating to appeal from certain orders of the Texas Alcoholic | ||
Beverage Commission or the commission's administrator. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 11.67(a) and (b), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(a) An appeal from an order of the commission or | ||
administrator refusing, cancelling, or suspending a permit or | ||
license or forfeiting a conduct surety bond may be taken to the | ||
district court of the county in which the applicant, licensee, or | ||
permittee resides or in which the owner of involved real or personal | ||
property resides. | ||
(b) The appeal shall be under the substantial evidence rule | ||
and against the commission alone as defendant. The rules | ||
applicable to ordinary civil suits apply, with the following | ||
exceptions, which shall be construed literally: | ||
(1) the appeal shall be perfected and filed within 30 | ||
days after the date the order, decision, or ruling of the commission | ||
or administrator becomes final and appealable; | ||
(2) the case shall be tried before a judge within 60 | ||
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(3) neither party is entitled to a jury; and | ||
(4) the order, decision, or ruling of the commission | ||
or administrator may be suspended or modified by the court pending a | ||
trial on the merits, but the final judgment of the district court | ||
may not be modified or suspended pending appeal. | ||
SECTION 2. Section 61.81, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 61.81. APPEAL FROM CANCELLATION, SUSPENSION, OR | ||
REFUSAL OF LICENSE. Section 11.67 of this code applies to an appeal | ||
from a decision or order of the commission or administrator | ||
refusing, cancelling, or suspending a license or forfeiting a | ||
surety bond. | ||
SECTION 3. (a) Sections 11.67(a) and 61.81, Alcoholic | ||
Beverage Code, as amended by this Act, apply only to an appeal of an | ||
order issued on or after the effective date of this Act. Appeal of | ||
an order issued 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. | ||
(b) Section 11.67(b), Alcoholic Beverage Code, as amended | ||
by this Act, applies only to an appeal filed on or after the | ||
effective date of this Act. An appeal filed 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 4. This Act takes effect September 1, 2011. |