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1 | 1 | By: Goldman H.B. No. 3660 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | A BILL TO BE ENTITLED | |
5 | 5 | AN ACT | |
6 | 6 | relating to penalties imposed on a holder of an alcoholic beverage | |
7 | 7 | license or permit. | |
8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
9 | 9 | SECTION 1. Section 11.641, Alcoholic Beverage Code, is | |
10 | 10 | amended by adding Subsection (d) to read as follows: | |
11 | 11 | (d) Notwithstanding (c), the commission may seek to impose | |
12 | 12 | an administrative sanction against a permit or license holder when | |
13 | 13 | the administrative sanction arises from the same facts or | |
14 | 14 | circumstances as a criminal prosecution, so long as the sanction is | |
15 | 15 | not dependent on a finding of guilt for the commission of a criminal | |
16 | 16 | offense. | |
17 | 17 | SECTION 2. Section 11.641, Alcoholic Beverage Code, as | |
18 | 18 | amended by this Act, applies only to the imposition of an | |
19 | 19 | administrative sanction for a violation that occurs on or after the | |
20 | 20 | effective date of this Act. The imposition of a civil penalty, | |
21 | 21 | including cancellation of a permit, for a violation that occurs | |
22 | 22 | before the effective date of this Act is governed by the law in | |
23 | 23 | effect immediately before the effective date of this Act, and that | |
24 | 24 | law is continued in effect for that purpose. | |
25 | 25 | SECTION 3. This Act takes effect September 1, 2017. |