By: Thompson (Senate Sponsor - Carona) H.B. No. 1956
(In the Senate - Received from the House April 11, 2011;
April 20, 2011, read first time and referred to Committee on
Business and Commerce; April 26, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; April 26, 2011, sent to printer.)
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 license or permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.67(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The appeal shall be under the substantial evidence rule
and against the commission alone as defendant. The rules
applicable to ordinary civil suits apply, with the following
exceptions, which shall be construed literally:
(1) the appeal shall be perfected and filed within 30
days after the date the order, decision, or ruling of the commission
or administrator becomes final and appealable;
(2) the case shall be tried before a judge within 60
[10] days from the date it is filed;
(3) neither party is entitled to a jury; and
(4) the order, decision, or ruling of the commission
or administrator may be suspended or modified by the court pending a
trial on the merits, but the final judgment of the district court
may not be modified or suspended pending appeal.
SECTION 2. 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 3. Sections 11.67(b) and 32.18, Alcoholic Beverage
Code, as amended by this Act, apply 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 4. This Act takes effect September 1, 2011.
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