By: Patrick S.B. No. 853
(In the Senate - Filed February 13, 2009; March 9, 2009,
read first time and referred to Committee on Business and Commerce;
May 5, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; May 5, 2009, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 853 By: Eltife
A BILL TO BE ENTITLED
AN ACT
relating to authorizing injunctive relief during proceedings to
cancel or suspend certain alcoholic beverage permits and licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.614 to read as follows:
Sec. 11.614. INJUNCTIVE RELIEF. (a) This section applies
to a proceeding to cancel or suspend a permit that authorizes the
permit holder to sell alcoholic beverages for on-premises
consumption.
(b) The commission or administrator may file a motion with
the State Office of Administrative Hearings for injunctive relief
while the proceeding to cancel or suspend the permit is pending.
(c) If the administrator or commission establishes that
there are ongoing criminal acts on the permitted premises that
constitute a threat to the public health, safety, or welfare, the
administrative law judge may enter an order to stop the criminal
activity from occurring on the permitted premises while the
contested case is pending. Except as provided by Subsection (f), an
administrative law judge may not issue an injunctive order without
notice and a hearing.
(d) If a permit holder violates an order issued under this
section, the administrative law judge shall:
(1) cancel the permit holder's permit;
(2) suspend the permit holder's permit; or
(3) impose a civil fine on the permit holder.
(e) The commission or administrator may file a motion with
the administrative law judge requesting a hearing on the issue of
whether the permit holder violated an order issued under this
section. The administrative law judge shall hold the hearing after
the 10th day after the date the motion for a hearing is filed and
before the 21st day after the date the motion for a hearing is
filed.
(f) On application by the administrator or commission, the
administrative law judge may enter a temporary order without notice
to the permit holder to stop ongoing criminal activity that
immediately threatens the public health, safety, or welfare. A
temporary order must expire not later than the 10th day after the
date the order is entered. Before the temporary order expires, the
administrative law judge shall hold a hearing on the question of
whether the temporary order should be extended for the duration of
the contested case.
(g) The administrative law judge shall give priority to a
hearing for temporary relief over all other matters pending before
the administrative law judge.
(h) At the close of the contested case, if the permit holder
continues to operate, the administrative law judge may issue a
permanent order imposing conditions on the permit holder to prevent
the reoccurrence of the criminal activity on the permit holder's
premises.
SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.722 to read as follows:
Sec. 61.722. INJUNCTIVE RELIEF. (a) This section applies
to a proceeding to cancel or suspend a license that authorizes the
license holder to sell alcoholic beverages for on-premises
consumption.
(b) The commission or administrator may file a motion with
the State Office of Administrative Hearings for injunctive relief
while the proceeding to cancel or suspend the license is pending.
(c) If the administrator or commission establishes that
there are ongoing criminal acts on the licensed premises that
constitute a threat to the public health, safety, or welfare, the
administrative law judge may enter an order to stop the criminal
activity from occurring on the licensed premises while the
contested case is pending. Except as provided by Subsection (f), an
administrative law judge may not issue an injunctive order without
notice and a hearing.
(d) If a license holder violates an order issued under this
section, the administrative law judge shall:
(1) cancel the license holder's license;
(2) suspend the license holder's license; or
(3) impose a civil fine on the license holder.
(e) The commission or administrator may file a motion with
the administrative law judge requesting a hearing on the issue of
whether the license holder violated an order issued under this
section. The administrative law judge shall hold the hearing after
the 10th day after the date the motion for a hearing is filed and
before the 21st day after the date the motion for a hearing is
filed.
(f) On application by the administrator or commission, the
administrative law judge may enter a temporary order without notice
to the license holder to stop ongoing criminal activity that
immediately threatens the public health, safety, or welfare. A
temporary order must expire not later than the 10th day after the
date the order is entered. Before the temporary order expires, the
administrative law judge shall hold a hearing on the question of
whether the temporary order should be extended for the duration of
the contested case.
(g) The administrative law judge shall give priority to a
hearing for temporary relief over all other matters pending before
the administrative law judge.
(h) At the close of the contested case, if the license
holder continues to operate, the administrative law judge may issue
a permanent order imposing conditions on the license holder to
prevent the reoccurrence of the criminal activity on the license
holder's premises.
SECTION 3. The change in law made by this Act applies only
to a proceeding to suspend or cancel a permit or license commenced
on or after the effective date of this Act. A proceeding to suspend
or cancel a permit or license commenced before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.
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