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.