By:  Allen                                            H.B. No. 1066
       73R3417 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to cancellation of wine and beer retailer permits and
    1-3  retail dealer on-premise licenses of premises in certain
    1-4  municipalities.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter C, Chapter 11, Alcoholic Beverage
    1-7  Code, is amended by adding Section 11.612 to read as follows:
    1-8        Sec. 11.612.  CANCELLATION OF PERMIT OR LICENSE IN CERTAIN
    1-9  MUNICIPALITIES.  The commission or administrator shall cancel an
   1-10  original or renewal wine and beer retailer's permit or retail
   1-11  dealer's on-premise license and shall refuse to issue a new
   1-12  alcoholic beverage permit or license for the same premises for one
   1-13  year after the date of cancellation if:
   1-14              (1)  the premises for which the permit or license is
   1-15  issued are located in a municipality with a population of 50,000 or
   1-16  more; and
   1-17              (2)  the governing body of the municipality in which
   1-18  the premises are located has submitted a statement to the
   1-19  commission stating that it finds, after notice and hearing, that:
   1-20                    (A)  the place or manner in which the permittee
   1-21  or licensee conducts its business endangers the general welfare,
   1-22  health, peace, morals, or safety of the community; and
   1-23                    (B)  there is a reasonable likelihood that the
   1-24  conduct would continue at the same location under another licensee
    2-1  or permittee.
    2-2        SECTION 2.  This Act takes effect September 1, 1993.
    2-3        SECTION 3.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency   and   an   imperative   public   necessity   that   the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.