Texas House Bill HB3181

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09
• Voted on by House: 5/7/09

Caption

Relating to authorizing injunctive relief during proceedings to cancel or suspend certain alcoholic beverage permits and licenses.

Impact

The proposed legislative changes would amend the Alcoholic Beverage Code by introducing a formal process for requesting temporary orders that halt criminal activities on licensure premises while an administrative hearing is pending. If a permit holder is found to violate the orders issued under this bill, the law stipulates that the administrative law judge can either cancel or suspend their permit or impose civil fines. This aims to provide a more efficient regulatory response to public safety threats linked to alcohol sales.

Summary

House Bill 3181 aims to enhance the enforcement mechanisms for maintaining public health and safety in establishments that sell alcoholic beverages for on-premises consumption. The bill empowers the Texas Commission or its administrators to seek injunctive relief during ongoing proceedings to cancel or suspend alcoholic beverage permits or licenses. Specifically, it allows these authorities to prevent any ongoing criminal activities on the premises that pose a danger to public welfare, including serious offenses aligned with specific chapters of the Penal Code and Health and Safety Code.

Contention

The contention surrounding HB 3181 may arise from concerns regarding the balance between public safety and business operations. Stakeholders in the alcohol service industry may argue that such swift mechanisms for suspending operations can have significant financial consequences and could potentially lead to abrupt closures without due process. On the other hand, advocates for public health and safety may champion this bill as a necessary measure to ensure that establishments comply with health regulations and do not become havens for crime.

Notable_points

One significant feature of HB 3181 is the expedited nature of hearings for injunctive relief, which would be prioritized over other matters in administrative court. The bill emphasizes a timely response to threats posed by illicit activities occurring at licensed establishments, which is expected to enhance the overall safety in communities. Further, this legislation would only apply to proceedings initiated after its effective date, allowing for a transitional phase for existing cases.