82R9726 AJA-F
By: Thompson H.B. No. 1957
A BILL TO BE ENTITLED
AN ACT
relating to appeal from certain orders of the Texas Alcoholic
Beverage Commission or the commission's administrator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.67(a) and (b), Alcoholic Beverage
Code, are amended to read as follows:
(a) An appeal from an order of the commission or
administrator refusing, cancelling, or suspending a permit or
license or forfeiting a conduct surety bond may be taken to the
district court of the county in which the applicant, licensee, or
permittee resides or in which the owner of involved real or personal
property resides.
(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 61.81, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 61.81. APPEAL FROM CANCELLATION, SUSPENSION, OR
REFUSAL OF LICENSE. Section 11.67 of this code applies to an appeal
from a decision or order of the commission or administrator
refusing, cancelling, or suspending a license or forfeiting a
surety bond.
SECTION 3. (a) Sections 11.67(a) and 61.81, Alcoholic
Beverage Code, as amended by this Act, apply only to an appeal of an
order issued on or after the effective date of this Act. Appeal of
an order issued 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.
(b) Section 11.67(b), 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 4. This Act takes effect September 1, 2011.