By:  M. Gallegos                                      H.B. No. 1336
       73R5479 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the issuance of a municipal beverage permit to certain
    1-3  municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle A, Title 3, Alcoholic Beverage Code, is
    1-6  amended by adding Chapter 52 to read as follows:
    1-7                CHAPTER 52.  MUNICIPAL BEVERAGE PERMIT
    1-8        Sec. 52.01.  AUTHORIZED ACTIVITIES.  A holder of a municipal
    1-9  beverage permit has the exclusive authority to sell, in a public
   1-10  place in a municipality, any type of alcoholic beverage to ultimate
   1-11  consumers for consumption on the premises where sold.
   1-12        Sec. 52.02.  FEE.  The annual state fee for a municipal
   1-13  beverage permit is $100.
   1-14        Sec. 52.03.  ELIGIBILITY FOR PERMIT.  The commission or
   1-15  administrator may issue a municipal beverage permit only to a
   1-16  municipality.  Application and payment of the fee shall be made to
   1-17  the commission.
   1-18        Sec. 52.04.  OPERATIONS BY PERMIT HOLDER.  A holder of a
   1-19  municipal beverage permit may:
   1-20              (1)  restrict the hours of operation and area of
   1-21  service of any facility serving an alcoholic beverage in a public
   1-22  place in the municipality;
   1-23              (2)  ban the possession, in public places in a
   1-24  municipality, of alcoholic beverages not purchased from the holder
    2-1  of a municipal beverage permit; and
    2-2              (3)  contract with other licensed or permitted persons
    2-3  to sell or provide alcoholic beverages in a public place in a
    2-4  municipality.
    2-5        Sec. 52.05.  LIMITATIONS ON PERMIT HOLDER.  (a)  A holder of
    2-6  a municipal beverage permit may sell or provide permitted alcoholic
    2-7  beverages only in an area of the municipality that has received
    2-8  authorization by a local option election for the beverages sold or
    2-9  provided.
   2-10        (b)  A holder of a municipal beverage permit is subject to
   2-11  provisions of this code applicable to a holder of a retail permit
   2-12  or license or a mixed beverage permit.  The holder of a municipal
   2-13  beverage permit is considered a retailer for the purposes of the
   2-14  payment of applicable taxes and for the purposes of Chapter 102 of
   2-15  this code.
   2-16        SECTION 2.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended,
   2-21  and that this Act take effect and be in force from and after its
   2-22  passage, and it is so enacted.