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.