By: Yarbrough H.B. No. 649 73R3399 DWS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a requirement of a hearing before granting or renewing 1-3 certain alcoholic beverage permits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 11.43, Alcoholic Beverage Code, is 1-6 amended to read as follows: 1-7 Sec. 11.43. DISCRETION TO GRANT OR REFUSE PERMIT. (a) The 1-8 commission and administrator have discretionary authority to grant 1-9 or refuse to issue an original or renewal permit under the 1-10 provisions of this subchapter or any other applicable provision of 1-11 this code. 1-12 (b) Notwithstanding any other provision of this code that 1-13 authorizes the commission or administrator to grant or refuse to 1-14 issue a permit with or without a hearing, the commission or 1-15 administrator shall hold a hearing before granting or refusing to 1-16 issue an original or renewal mixed beverages permit, private club 1-17 registration permit, class B wholesaler's permit, or package store 1-18 permit if: 1-19 (1) the application is for an original permit and any 1-20 person requests the hearing before the 11th day after the date the 1-21 application is filed; 1-22 (2) the application is for a renewal permit and any 1-23 person requests the hearing before the 10th day before the date the 1-24 permit would take effect; or 2-1 (3) a sexually oriented business is to be operated on 2-2 the premises to be covered by the permit. 2-3 (c) A request for a hearing made under Subsection (b)(1) or 2-4 (2) of this section must include an allegation of grounds on which 2-5 the original or renewal application, as applicable, should be 2-6 denied. 2-7 SECTION 2. This Act applies only to the procedure for 2-8 issuance of a permit for which the application for issuance is 2-9 filed on or after the effective date of this Act. The procedure 2-10 for an application filed before the effective date of this Act is 2-11 governed by the law in effect when the application was filed, and 2-12 that law is continued in effect for that purpose. 2-13 SECTION 3. This Act takes effect September 1, 1993. 2-14 SECTION 4. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended.