Texas 2009 - 81st Regular

Texas House Bill HB1772 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R214 MCK-D
2	2	By: Solomons H.B. No. 1772
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain licensing agents; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 2, Alcoholic Beverage Code, is amended by
11	11	adding Chapter 7 to read as follows:
12	12	CHAPTER 7. LICENSING AGENTS
13	13	SUBCHAPTER A. GENERAL REQUIREMENTS
14	14	Sec. 7.001. DEFINITION. In this chapter, "licensing agent"
15	15	means a person who assists another person in obtaining or renewing a
16	16	license or permit issued under Title 3 or otherwise represents a
17	17	person before the commission with respect to a license or permit
18	18	issued under Title 3.
19	19	Sec. 7.002. APPLICABILITY OF CHAPTER. This chapter does
20	20	not apply to:
21	21	(1) an attorney licensed in this state;
22	22	(2) a person who holds a license or permit issued under
23	23	Title 3 or an employee of a person who holds a license or permit
24	24	issued under Title 3 acting on behalf of the license or permit
25	25	holder; or
26	26	(3) an applicant for a license or permit issued under
27	27	Title 3 or an employee of an applicant for a license or permit
28	28	issued under Title 3 acting on the applicant's own behalf.
29	29	[Sections 7.003-7.050 reserved for expansion]
30	30	SUBCHAPTER B. COMMISSION POWERS AND DUTIES
31	31	Sec. 7.051. LICENSING AGENT TRAINING COURSE. (a) The
32	32	commission shall establish a licensing agent training course. The
33	33	course must include, at a minimum, instruction regarding:
34	34	(1) all licenses and permits issued by the commission
35	35	and the activities authorized for each license and permit; and
36	36	(2) the procedures for filing license and permit
37	37	applications with the commission.
38	38	(b) The commission shall teach the training course at least
39	39	four times each year in different locations throughout the state.
40	40	(c) The commission shall charge a fee to each individual
41	41	taking the course. The commission shall adopt the course fee in an
42	42	amount that in the aggregate is sufficient to cover the cost of
43	43	teaching the course.
44	44	Sec. 7.052. INVESTIGATION OF COMPLAINTS. The administrator
45	45	may, on the administrator's motion, and shall, on the written
46	46	complaint of a person aggrieved by the action of a licensing agent,
47	47	investigate an alleged violation of this chapter by a licensing
48	48	agent or an applicant.
49	49	[Sections 7.053-7.100 reserved for expansion]
50	50	SUBCHAPTER C. LICENSING
51	51	Sec. 7.101. LICENSE REQUIRED. A person may not act as a
52	52	licensing agent unless the person holds a license issued under this
53	53	chapter.
54	54	Sec. 7.102. ELIGIBILITY FOR LICENSING AGENT LICENSE. A
55	55	person is eligible for a licensing agent license if the person:
56	56	(1) is at least 18 years of age;
57	57	(2) is a citizen of the United States or a legal alien;
58	58	and
59	59	(3) has completed a training course approved by the
60	60	commission under Section 7.051.
61	61	Sec. 7.103. PERSON INELIGIBLE FOR LICENSE. The commission
62	62	may not issue a licensing agent license to a person who has an
63	63	interest in any license or permit issued under Title 3.
64	64	Sec. 7.104. APPLICATION FOR LICENSE. An applicant for a
65	65	license under this chapter must:
66	66	(1) submit an application on a form provided by the
67	67	commission; and
68	68	(2) include with the application the application fee
69	69	set by the commission.
70	70	Sec. 7.105. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE
71	71	APPLICANTS. (a) An applicant for a license under this chapter
72	72	must submit to the commission, in addition to satisfying the other
73	73	requirements of this subchapter, a complete and legible set of
74	74	fingerprints, on a form prescribed by the commission, for the
75	75	purpose of obtaining criminal history record information from the
76	76	Department of Public Safety and the Federal Bureau of
77	77	Investigation.
78	78	(b) On receipt of an application for a license under this
79	79	chapter, the commission shall conduct a criminal background check
80	80	on the applicant.
81	81	(c) An applicant is not eligible for a license under this
82	82	chapter if the applicant, in the five years preceding the date of
83	83	the application, has been finally convicted of a misdemeanor
84	84	involving moral turpitude or a felony.
85	85	Sec. 7.106. LICENSE ISSUANCE. The commission shall issue a
86	86	license under this chapter if the commission determines that the
87	87	applicant:
88	88	(1) has paid the license fee set by the commission; and
89	89	(2) qualifies to be licensed under this chapter.
90	90	Sec. 7.107. LICENSE NOT REQUIRED FOR CERTAIN EMPLOYEES. An
91	91	employee of a licensing agent who only performs administrative
92	92	duties is not required to hold a license under this chapter.
93	93	[Sections 7.108-7.150 reserved for expansion]
94	94	SUBCHAPTER D. LICENSE EXPIRATION AND RENEWAL
95	95	Sec. 7.151. LICENSE EXPIRATION. (a) A license issued
96	96	under this chapter expires on the second anniversary of the date the
97	97	license is issued. The commission by rule shall adopt a system
98	98	under which licenses expire on various dates during the year.
99	99	(b) A person may not engage in activities that require a
100	100	license if the person's license has expired and is not renewed as
101	101	provided by this subchapter.
102	102	Sec. 7.152. LICENSE RENEWAL. (a) A person may renew an
103	103	unexpired license by paying the required renewal fee to the
104	104	commission before the expiration date of the license.
105	105	(b) At least 30 days before the expiration of a person's
106	106	license, the commission shall send written notice of the impending
107	107	license expiration to the person at the person's last known address
108	108	according to the commission's records.
109	109	(c) A person whose license has been expired for 90 days or
110	110	less may renew the license by paying to the commission a renewal fee
111	111	that is equal to one and one-half times the normally required
112	112	renewal fee.
113	113	(d) A person whose license has been expired for more than 90
114	114	days but less than one year may renew the license by paying to the
115	115	commission a renewal fee that is equal to two times the normally
116	116	required renewal fee.
117	117	(e) A person whose license has been expired for one year or
118	118	more may not renew the license. The person may obtain a license by
119	119	complying with the requirements and procedures for obtaining a new
120	120	license.
121	121	(f) On receipt of an application to renew a license issued
122	122	under this chapter, the commission may conduct a criminal
123	123	background check under Section 7.105.
124	124	[Sections 7.153-7.200 reserved for expansion]
125	125	SUBCHAPTER E. PRACTICE OF LICENSING AGENT
126	126	Sec. 7.201. COLLECTION OF LICENSE AND PERMIT FEES.
127	127	(a) Each license or permit fee collected by a licensing agent on
128	128	behalf of another person must be paid by check made payable to the
129	129	commission.
130	130	(b) A licensing agent shall deposit each license or permit
131	131	fee collected by the agent with the commission not later than the
132	132	20th day after the date the licensing agent receives the fee.
133	133	[Sections 7.202-7.250 reserved for expansion]
134	134	SUBCHAPTER F. BOND
135	135	Sec. 7.251. BOND REQUIRED. The holder of a licensing agent
136	136	license shall file a bond with the commission.
137	137	Sec. 7.252. BOND TERMS AND CONDITIONS. (a) A bond filed
138	138	under this subchapter must:
139	139	(1) be in an amount set by the commission not to exceed
140	140	$200,000;
141	141	(2) be conditioned on the licensing agent performing
142	142	duties required by this chapter; and
143	143	(3) be payable to the commission as trustee for any
144	144	person who may be entitled to recover under the bond.
145	145	(b) The bond must be made with:
146	146	(1) a solvent surety company doing business in this
147	147	state; or
148	148	(2) two or more good and sufficient sureties, each of
149	149	whom:
150	150	(A) is a resident of this state; and
151	151	(B) makes an affidavit stating that the surety
152	152	has assets, not subject to exemption, that are at least equal to the
153	153	amount of the bond.
154	154	(c) The commission may set the amount of the bond according
155	155	to a sliding scale adopted by the commission by rule that is based
156	156	on the dollar value of the licensing agent's business.
157	157	Sec. 7.253. BOND APPROVAL. The bond must be approved by the
158	158	commission.
159	159	Sec. 7.254. SUIT ON BOND. (a) A person damaged by a breach
160	160	of a condition of the bond may bring suit and recover under the bond
161	161	only an amount equal to the fees the person paid to the licensing
162	162	agent, including the fee required for the person's license or
163	163	permit application.
164	164	(b) The suit must be filed in the county in which the
165	165	licensing agent maintains an office.
166	166	(c) A bond is not void on first recovery and may be sued on
167	167	until the total amount is exhausted.
168	168	(d) The commission may require the licensing agent to file a
169	169	new bond in an amount set by the commission if the amount of the bond
170	170	is reduced. The new bond is liable for all future contracts entered
171	171	into by the licensing agent and a license or permit holder under
172	172	this code.
173	173	(e) A licensing agent who does not file a new bond under
174	174	Subsection (d) may not act as a licensing agent in this state.
175	175	[Sections 7.255-7.300 reserved for expansion]
176	176	SUBCHAPTER G. DENIAL OF LICENSE AND DISCIPLINARY PROCEDURES
177	177	Sec. 7.301. DENIAL OF APPLICATION; SUSPENSION OR REVOCATION
178	178	OF LICENSE. The commission may deny an application for a license or
179	179	suspend or revoke the license of a licensing agent for:
180	180	(1) violating this chapter or a rule adopted under
181	181	this chapter;
182	182	(2) obtaining a license through false or fraudulent
183	183	representation;
184	184	(3) making a substantial misrepresentation in an
185	185	application for a licensing agent license;
186	186	(4) engaging in a continued and flagrant course of
187	187	misrepresentation; or
188	188	(5) failing to account for or remit, within a
189	189	reasonable time, money belonging to another that is in the
190	190	licensing agent's possession, commingling money of another person
191	191	with the licensing agent's money, or failing to keep the money of
192	192	another person in an escrow or trust account.
193	193	Sec. 7.302. HEARING BY STATE OFFICE OF ADMINISTRATIVE
194	194	HEARINGS. (a) Before denying an application for a license or
195	195	suspending or revoking a license, the commission must:
196	196	(1) set the matter for a hearing to be conducted by the
197	197	State Office of Administrative Hearings; and
198	198	(2) before the hearing date, notify the applicant in
199	199	writing of:
200	200	(A) the charges alleged or the question to be
201	201	determined at the hearing; and
202	202	(B) the date and location of the hearing.
203	203	(b) At a hearing under this section, the applicant may:
204	204	(1) be present and be heard in person or by counsel;
205	205	and
206	206	(2) have an opportunity to offer evidence by oral
207	207	testimony, affidavit, or deposition.
208	208	(c) Written notice may be served by personal delivery to the
209	209	applicant or by certified mail to the last known mailing address of
210	210	the applicant.
211	211	[Sections 7.303-7.350 reserved for expansion]
212	212	SUBCHAPTER H. CRIMINAL PENALTIES
213	213	Sec. 7.351. PRACTICING WITHOUT LICENSE; OFFENSE. (a) A
214	214	person commits an offense if the person acts as a licensing agent
215	215	without a license.
216	216	(b) An offense under this section is a Class B misdemeanor.
217	217	Sec. 7.352. GENERAL CRIMINAL PENALTY. (a) A person
218	218	commits an offense if the person violates a provision of this
219	219	chapter or a rule adopted by the commission under this chapter for
220	220	which a penalty is not provided.
221	221	(b) An offense under this section is a Class C misdemeanor.
222	222	SECTION 2. On or before November 1, 2009, the Texas
223	223	Alcoholic Beverage Commission shall adopt all rules necessary to
224	224	implement Chapter 7, Alcoholic Beverage Code, as added by this Act.
225	225	SECTION 3. A person is not required to hold a license under
226	226	Chapter 7, Alcoholic Beverage Code, as added by this Act, before
227	227	January 1, 2010, to engage in activity regulated by that chapter.
228	228	SECTION 4. (a) Except as provided by Subsection (b) of
229	229	this section, this Act takes effect September 1, 2009.
230	230	(b) Sections 7.101, 7.351, and 7.352, Alcoholic Beverage
231	231	Code, as added by this Act, take effect January 1, 2010.