Texas Senate Bill SB853

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/5/09

Caption

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

Impact

The implementation of SB853 will significantly influence compliance procedures for license holders and the enforcement capabilities of the Alcoholic Beverage Commission. The new provisions empower the commission to intervene proactively, streamlining the administrative process in cases where public safety is at risk due to misconduct on licensed premises. This change aims to deter unlawful activities occurring in establishments that serve alcohol, thereby reinforcing community safety standards across Texas.

Summary

Senate Bill 853, introduced by Senator Dan Patrick, seeks to enhance the Alcoholic Beverage Code by allowing the Texas Alcoholic Beverage Commission to request injunctive relief during proceedings to suspend or cancel permits and licenses for selling alcoholic beverages for on-premises consumption. This establishes a legal basis for immediate action when ongoing criminal activities threaten public health, safety, or welfare at licensed premises. The bill reflects an effort to address the challenges associated with managing establishments that might endanger community safety while still adhering to existing statutes.

Contention

While SB853 is designed to protect public safety, it may face opposition from business owners and advocates concerned about its potential implications for their operational rights. Critics might argue that the authority granted to the commission and administrative law judges to impose immediate restrictions without extensive hearings could lead to unjust repercussions for businesses. Additionally, concerns can be raised about the balance between swift regulatory actions versus the rights of permit holders to defend themselves against allegations of misconduct, which may result in discussions during legislative sessions regarding appropriate safeguards.