Bill Text: TX HB1957 | 2011-2012 | 82nd Legislature | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-05 - No action taken in committee [HB1957 Detail]

Download: Texas-2011-HB1957-Introduced.html
  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.
feedback