Proposed Bill Creating Statute of Limitations and Mandatory Timelines for TABC Administrative Cases

Did you know that there is no speedy hearing rights, decisions on agency orders affirming, reversing, or modifying hearing judges or statute of limitations for Texas Alcoholic Beverage Code violations? Numerous clients of ours have expressed frustration over incredible delays in contesting alleged violations of the Code, from time of citation, to obtaining a hearing, and ultimate disposition by agency order, well before the Covid-19 pandemic. Under the regular criminal justice system, there are mechanisms in place to prevent these things from happening, such as statute of limitations and speedy trial. Our firm has drafted a proposed bill to that end, which strikes the appropriate balances, requiring a hearing 120 days from citation, requiring an agency decision 120 days from the proposal for a decision from a hearing judge, and a two year statute of limitations for most offenses, except for core functions of the agency such as tied house and related prohibited interests, subterfuge, and human trafficking.

If you agree with the changes advocated in this proposed bill in principle, or even as written, please call and write your state representative and senator, and ask them to support the proposed changes. Contact information for those individuals is available here. Deadline for filing bills is March 12, 2021. #txlege #texasbars #tbna #alcohol #liqour #smallbusiness #TRAMarketplace #ILoveTXRestaurants @TexasABC

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