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.