82R9727 AJA-F
By: Thompson H.B. No. 1956
A BILL TO BE ENTITLED
AN ACT
relating to appeal of an order of the Texas Alcoholic Beverage
Commission or the commission's administrator refusing, canceling,
or suspending a private club registration permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.18, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 32.18. APPEALS FROM ORDERS OF COMMISSION OR
ADMINISTRATOR. An appeal from an order of the commission or
administrator refusing, cancelling, or suspending a private club
registration permit shall be taken to the district court of the
county in which the private club is located. The proceeding on
appeal shall be under the substantial evidence rule. The rules
applicable to ordinary civil suits apply, with the following
exceptions, which shall be construed literally:
(1) all appeals shall be perfected and filed within 30
days after the order, decision, or ruling of the commission or
administrator becomes final and appealable;
(2) all causes shall be tried before the judge within
60 [10] days from the filing, and neither party shall be entitled to
a jury; and
(3) the order, decision, or ruling of the commission
or administrator may be suspended or modified by the district court
pending a trial on the merits, but the final judgment of the
district court shall not be modified or suspended pending appeal.
SECTION 2. Section 32.18, Alcoholic Beverage Code, as
amended by this Act, applies only to an appeal filed on or after the
effective date of this Act. An appeal filed before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.