85R8896 MCK-D     By: Hancock S.B. No. 954       A BILL TO BE ENTITLED   AN ACT   relating to the authority of the Texas Alcoholic Beverage   Commission to offer a civil penalty in lieu of suspending a permit   or license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.64(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  When the commission or administrator is authorized to   suspend a permit or license under this code, the commission or   administrator shall give the permittee or licensee the opportunity   to pay a civil penalty rather than have the permit or license   suspended, unless the basis for the suspension is a violation of   Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),   61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,   101.63, 104.01(a)(4), 106.03, 106.06, or 106.15, the sale or offer   for sale of an alcoholic beverage during hours prohibited by   Chapter 105, consumption or the permitting of consumption of an   alcoholic beverage on the person's licensed or permitted premises   during hours prohibited by Chapter 105 or Section 32.17(a)(7), or   an offense relating to prostitution, trafficking of persons, [or]   gambling, or controlled substances or drugs, in which case the   commission or administrator shall determine whether the permittee   or licensee may have the opportunity to pay a civil penalty rather   than have the permit or license suspended. The commission shall   adopt rules addressing when suspension may be imposed pursuant to   this section without the opportunity to pay a civil penalty. In   adopting rules under this subsection, the commission shall consider   the type of license or permit held, the type of violation, any   aggravating or ameliorating circumstances concerning the   violation, and any past violations of this code by the permittee or   licensee. In cases in which a civil penalty is assessed, the   commission or administrator shall determine the amount of the   penalty. The amount of the civil penalty may not be less than $150   or more than $25,000 for each day the permit or license was to have   been suspended. If the licensee or permittee does not pay the   penalty before the sixth day after the commission or administrator   notifies him of the amount, the commission or administrator shall   impose the suspension.          SECTION 2.  Section 11.64(a), Alcoholic Beverage Code, as   amended by this Act, applies only to the imposition of a penalty for   a violation that occurs on or after the effective date of this Act.   The imposition of a penalty for a violation that occurs 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, 2017.