82R9073 AJA-F
By: Thompson H.B. No. 1958
A BILL TO BE ENTITLED
AN ACT
relating to investigations of violations of and complaints and
protests under the Alcoholic Beverage Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.36, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.36. INVESTIGATION OF VIOLATIONS, COMPLAINTS, AND
PROTESTS. (a) The commission shall investigate violations of this
code and of other laws relating to alcoholic beverages, and shall
cooperate in the prosecution of offenders before any court of
competent jurisdiction. The commission may seize alcoholic
beverages manufactured, sold, kept, imported, or transported in
violation of this code and apply for the confiscation of the
beverages if required to do so by this code.
(b) A complaint alleging a violation of this code or another
law relating to alcoholic beverages or a protest of the issuance or
renewal of a permit or license under this code must include the
legal and factual information that forms the basis of the complaint
or protest.
(c) Not later than the fifth business day after the date the
commission receives a complaint alleging a violation of this code
or another law relating to alcoholic beverages, a protest of the
issuance or renewal of a permit or license under this code, or an
application for an original or renewal permit or license under this
code, the commission shall initiate an investigation of the
complaint or protest or a potential violation of this code or a
commission rule by the applicant who submitted the application.
(d) The commission must complete an investigation initiated
under Subsection (c) not later than the 30th calendar day after the
date the complaint, protest, or application is received by the
commission.
(e) Except as provided by Subsection (f), but
notwithstanding any other provision of this code, any hearing
conducted under this code on a complaint, protest, or application
described by this section must be held not later than the 60th
calendar day after the date the complaint, protest, or application
is received by the commission. Unless the deadline is waived under
Subsection (f), if a hearing on a complaint, protest, or
application described by this section is not held by the deadline
imposed by this subsection, the complaint or protest shall be
dismissed or the application is considered approved and the permit
or license applied for shall be issued.
(f) A permittee, licensee, or applicant that is the subject
of a complaint, protest, or application described by this section
may waive the deadline to conduct a hearing imposed by Subsection
(e) by filing a written request with the commission before the 60th
calendar day after the date the complaint, protest, or application
is received by the commission. If the deadline imposed by
Subsection (e) is waived under this subsection, the commission must
allow sufficient additional time before scheduling the hearing for
the completion of discovery and other prehearing proceedings
authorized by law or the rules of the State Office of Administrative
Hearings.
SECTION 2. Section 5.36, Alcoholic Beverage Code, as
amended by this Act, applies only to a complaint, protest, or
application received by the Texas Alcoholic Beverage Commission on
or after the effective date of this Act. A complaint, protest, or
application received 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.