Relating to appeal of an order of the Texas Alcoholic Beverage Commission or the commission's administrator refusing, canceling, or suspending a license or permit.
Impact
With the changes brought by HB1956, appeals against TABC's decisions must be perfected and filed within 30 days of the Commission's order. Additionally, the case must be tried before a judge within 60 days, eliminating the right to a jury trial. This impacts how license holders and applicants will navigate appeals, potentially expediting outcomes and reducing delays in the licensing process in Texas. Moreover, the provision that allows for the suspension or modification of Commission orders pending trial reinforces judicial authority over the process.
Summary
House Bill 1956 amends sections of the Alcoholic Beverage Code pertaining to the appeal process against orders made by the Texas Alcoholic Beverage Commission (TABC). The bill establishes specific procedural rules for appealing decisions made by the Commission regarding the refusal, cancellation, or suspension of licenses or permits. This legislation aims to streamline the appeal process, making it more efficient for applicants and stakeholders affected by the Commission's decisions.
Contention
Notably, this bill may face scrutiny regarding the balance between administrative authority of the TABC and the rights of those affected by its orders. Some stakeholders may argue that the lack of a jury trial can limit the checks on the TABC's power, while proponents might emphasize the need for a focused and swift resolution to appeals to support business operations. The requirement for continuity in law for earlier appeals indicates an effort to mitigate disruption for those already engaged in the process prior to the bill's enactment.
Relating to the imposition of administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas; increasing criminal penalties.
Relating to the suspension of the driver's license of a person arrested for an offense involving the operation of a motor vehicle while intoxicated or under the influence of alcohol.
Relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.