Texas 2011 - 82nd Regular

Texas House Bill HB1957

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to appeal from certain orders of the Texas Alcoholic Beverage Commission or the commission's administrator.

Impact

The implications of HB 1957 may lead to a more efficient legal process for individuals and businesses challenging decisions made by the TABC. By allowing appeals to be heard in a timely manner and imposing a 30-day filing deadline, the bill seeks to reduce delays and ensure that the appeals process is handled fairly. This amendment could prove beneficial for those seeking to overturn TABC decisions that impact their business operations or personal interests, fostering a sense of due process in alcohol licensing matters.

Summary

House Bill 1957 addresses the process for appealing certain orders from the Texas Alcoholic Beverage Commission (TABC) and its administrator. The bill amends specific sections of the Alcoholic Beverage Code to streamline appeals regarding the refusal, cancellation, or suspension of permits and licenses. It stipulates that appeals must be taken to the district court of the county where the affected party resides, and outlines procedural rules that govern these appeals, including that they should be tried before a judge within a set timeframe and that neither party is entitled to a jury trial.

Sentiment

The sentiment around HB 1957 appears to be generally favorable among industry stakeholders who view the changes as necessary to enhance fairness and efficiency in the appeals process. There may be some skepticism or concern regarding whether the changes could adequately protect the rights of individuals or lead to less rigorous scrutiny of TABC decisions. However, proponents argue that the bill promotes transparency and accountability in administrative processes, thus reinforcing public trust in the regulatory system.

Contention

Notable points of contention center on how the amendments will alter the balance of power between the TABC and those affected by its rulings. Opponents of the bill might argue that expedited processes could potentially compromise thorough scrutiny, suggesting that hasty resolutions might overlook critical considerations in complex cases. As the bill moves through the legislative process, debates could arise over the adequacy of the provisions ensuring that individuals retain meaningful opportunities to contest TABC decisions.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.