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.