Texas 2009 - 81st Regular

Texas House Bill HB3181 Compare Versions

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1	1	81R28296 MCK-D
2	2	By: Thompson, Anchia H.B. No. 3181
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing injunctive relief during proceedings to
8	8	cancel or suspend certain alcoholic beverage permits and licenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage
11	11	Code, is amended by adding Section 11.614 to read as follows:
12	12	Sec. 11.614. INJUNCTIVE RELIEF. (a) This section applies
13	13	to a proceeding to cancel or suspend a permit that authorizes the
14	14	permit holder to sell alcoholic beverages for on-premises
15	15	consumption.
16	16	(b) The commission or administrator may file a motion with
17	17	the State Office of Administrative Hearings for injunctive relief
18	18	while the proceeding to cancel or suspend the permit is pending.
19	19	(c) If the administrator or commission establishes that
20	20	there are ongoing criminal acts on the permitted premises that
21	21	constitute a threat to the public health, safety, or welfare, the
22	22	administrative law judge may enter an order to stop the criminal
23	23	activity from occurring on the permitted premises while the
24	24	contested case is pending. Except as provided by Subsection (f), an
25	25	administrative law judge may not issue an injunctive order without
26	26	notice and a hearing.
27	27	(d) If a permit holder violates an order issued under this
28	28	section, the administrative law judge shall:
29	29	(1) cancel the permit holder's permit;
30	30	(2) suspend the permit holder's permit; or
31	31	(3) impose a civil fine on the permit holder.
32	32	(e) The commission or administrator may file a motion with
33	33	the administrative law judge requesting a hearing on the issue of
34	34	whether the permit holder violated an order issued under this
35	35	section. The administrative law judge shall hold the hearing after
36	36	the 10th day after the date the motion for a hearing is filed and
37	37	before the 21st day after the date the motion for a hearing is
38	38	filed.
39	39	(f) On application by the administrator or commission, the
40	40	administrative law judge may enter a temporary order without notice
41	41	to the permit holder to stop ongoing criminal activity that
42	42	immediately threatens the public health, safety, or welfare. A
43	43	temporary order must expire not later than the 10th day after the
44	44	date the order is entered. Before the temporary order expires, the
45	45	administrative law judge shall hold a hearing on the question of
46	46	whether the temporary order should be extended for the duration of
47	47	the contested case.
48	48	(g) The administrative law judge shall give priority to a
49	49	hearing for temporary relief over all other matters pending before
50	50	the administrative law judge.
51	51	(h) At the close of the contested case, if the permit holder
52	52	continues to operate, the administrative law judge may issue a
53	53	permanent order imposing conditions on the permit holder to prevent
54	54	the reoccurrence of the criminal activity on the permit holder's
55	55	premises.
56	56	SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage
57	57	Code, is amended by adding Section 61.722 to read as follows:
58	58	Sec. 61.722. INJUNCTIVE RELIEF. (a) This section applies
59	59	to a proceeding to cancel or suspend a license that authorizes the
60	60	license holder to sell alcoholic beverages for on-premises
61	61	consumption.
62	62	(b) The commission or administrator may file a motion with
63	63	the State Office of Administrative Hearings for injunctive relief
64	64	while the proceeding to cancel or suspend the license is pending.
65	65	(c) If the administrator or commission establishes that
66	66	there are ongoing criminal acts on the licensed premises that
67	67	constitute a threat to the public health, safety, or welfare, the
68	68	administrative law judge may enter an order to stop the criminal
69	69	activity from occurring on the licensed premises while the
70	70	contested case is pending. Except as provided by Subsection (f), an
71	71	administrative law judge may not issue an injunctive order without
72	72	notice and a hearing.
73	73	(d) If a license holder violates an order issued under this
74	74	section, the administrative law judge shall:
75	75	(1) cancel the license holder's license;
76	76	(2) suspend the license holder's license; or
77	77	(3) impose a civil fine on the license holder.
78	78	(e) The commission or administrator may file a motion with
79	79	the administrative law judge requesting a hearing on the issue of
80	80	whether the license holder violated an order issued under this
81	81	section. The administrative law judge shall hold the hearing after
82	82	the 10th day after the date the motion for a hearing is filed and
83	83	before the 21st day after the date the motion for a hearing is
84	84	filed.
85	85	(f) On application by the administrator or commission, the
86	86	administrative law judge may enter a temporary order without notice
87	87	to the license holder to stop ongoing criminal activity that
88	88	immediately threatens the public health, safety, or welfare. A
89	89	temporary order must expire not later than the 10th day after the
90	90	date the order is entered. Before the temporary order expires, the
91	91	administrative law judge shall hold a hearing on the question of
92	92	whether the temporary order should be extended for the duration of
93	93	the contested case.
94	94	(g) The administrative law judge shall give priority to a
95	95	hearing for temporary relief over all other matters pending before
96	96	the administrative law judge.
97	97	(h) At the close of the contested case, if the license
98	98	holder continues to operate, the administrative law judge may issue
99	99	a permanent order imposing conditions on the license holder to
100	100	prevent the reoccurrence of the criminal activity on the license
101	101	holder's premises.
102	102	SECTION 3. The change in law made by this Act applies only
103	103	to a proceeding to suspend or cancel a permit or license commenced
104	104	on or after the effective date of this Act. A proceeding to suspend
105	105	or cancel a permit or license commenced before the effective date of
106	106	this Act is governed by the law in effect immediately before the
107	107	effective date of this Act, and the former law is continued in
108	108	effect for that purpose.
109	109	SECTION 4. This Act takes effect September 1, 2009.