By Davila H.B. No. 2567
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of certain alcoholic beverage permits and
1-3 licenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 11, Alcoholic Beverage Code, is amended
1-6 by adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. AREA PROTECTED FROM ISSUANCE OF CERTAIN PERMITS
1-8 Sec. 11.91. APPLICABILITY OF SUBCHAPTER. This subchapter
1-9 applies to the issuance or renewal of a wine and beer retailer's
1-10 permit or mixed beverage permit.
1-11 Sec. 11.92. SECURITY. (a) An applicant for a permit to
1-12 which this subchapter applies shall deposit security with the
1-13 commission or the county judge, as applicable, in the amount of
1-14 $2,500 for the costs that may be incurred in the protest of the
1-15 application under this subchapter.
1-16 (b) Any amount remaining after payment of those costs shall
1-17 be refunded to the applicant on the expiration of the permit if the
1-18 permit is not renewed and is not canceled under this code.
1-19 Sec. 11.93. PROTECTED AREA. Property is protected under
1-20 this subchapter if any point on a property line of the property is
1-21 less than 1,000 feet, as measured in a straight line, from the
1-22 midpoint of the line connecting the two points of the premises
1-23 under consideration for the issuance or renewal of a permit that
2-1 are the greatest distance apart.
2-2 Sec. 11.94. NOTICE. (a) Not later than the fifth day after
2-3 the date of the application, or not later than the 30th day before
2-4 the date on which the permit being renewed expires, the applicant
2-5 or permittee shall notify each owner or tenant of property
2-6 protected under this subchapter of:
2-7 (1) the date, time, and location of any hearing on the
2-8 issuance of the permit;
2-9 (2) the street address and legal description of the
2-10 premises;
2-11 (3) the type of permit for which the application is
2-12 made or which is being renewed;
2-13 (4) any identifying number or other designation
2-14 assigned to the application or permit by the commission or the
2-15 county judge;
2-16 (5) the applicant's or permittee's trade name;
2-17 (6) the proposed date of opening of the applicant's
2-18 business at the premises for which the application is made;
2-19 (7) the name and mailing address of the owner of the
2-20 premises, the applicant or permittee, and any person employed by
2-21 the applicant to perform any services related to the application
2-22 process; and
2-23 (8) the property owner's or tenant's right under this
2-24 code to contest the issuance or renewal of the permit.
2-25 (b) An applicant or permittee is not required to notify a
3-1 property owner or tenant who the applicant or permittee is unable
3-2 to locate if the applicant or permittee made a reasonable effort to
3-3 locate the property owner or tenant.
3-4 (c) A property owner or tenant entitled to notice under this
3-5 section who desires to file an objection to the issuance of the
3-6 permit must file the objection with the commission or county judge,
3-7 as applicable, not later than the 35th day after the date the
3-8 application is filed or, for a renewal, not later than the date on
3-9 which the permit expires. The commission or county judge may not
3-10 require a property owner or tenant to deposit security or pay a fee
3-11 to file an objection under this subchapter.
3-12 Sec. 11.95. DENIAL OF PERMIT DUE TO PROTEST. (a) The
3-13 commission or administrator or the county judge, as applicable,
3-14 shall deny the issuance or renewal of a permit to which this
3-15 section applies if 25 percent or more of the property owners and
3-16 tenants in the area protected under this section file an objection
3-17 with the commission or the county judge.
3-18 (b) If fewer than 25 percent of the property owners and
3-19 tenants in the protected area file an objection under this section,
3-20 the commission or county judge, as applicable, shall hold a hearing
3-21 at which the applicant and the property owners or tenants who filed
3-22 objections may present evidence related to the effect in the
3-23 protected area of the issuance or renewal of the permit. The
3-24 commission or the county judge may deny the issuance or renewal of
3-25 the permit if the commission or county judge determines from the
4-1 evidence presented that the denial is necessary for the general
4-2 welfare of the protected area.
4-3 (c) The applicant or permittee shall file with the
4-4 commission or county judge, as applicable, a list of the property
4-5 owners and tenants in the protected area. Unless the commission or
4-6 county judge finds that the list is incomplete or was not made in
4-7 good faith, the commission or county judge shall determine from
4-8 that list the percentage of owners and tenants that file
4-9 objections. The commission or county judge shall deny the
4-10 application if the commission or county judge finds that the list
4-11 is incomplete and was not made in good faith.
4-12 (d) The commission or the county judge, as applicable, may
4-13 not grant an application to which this section applies or hold a
4-14 hearing relating to that application before the expiration of the
4-15 35th day after the date on which the application is filed with the
4-16 commission or county judge.
4-17 Sec. 11.96. SUBSEQUENT APPLICATIONS. If an application for
4-18 the issuance or renewal of a permit to which this subchapter
4-19 applies is denied under this subchapter, a permit may not be issued
4-20 for the same premises before the first anniversary of the date of
4-21 the denial of the issuance or renewal of the permit.
4-22 Sec. 11.97. PERMIT RECORDS. The commission or the county
4-23 judge, as applicable, shall record the issuance of permits to which
4-24 this subchapter applies by location of the premises for which a
4-25 permit is issued according to street address and to legal
5-1 description.
5-2 Sec. 11.98. APPOINTMENT OF MASTER. (a) The county judge of
5-3 any county may appoint a master to hear a permit application or
5-4 renewal application to which this subchapter applies.
5-5 (b) The appointment of a master under this section shall be
5-6 made in the manner provided under Section 61.311 of this code for
5-7 the appointment of a master to hear a license application in
5-8 certain counties.
5-9 SECTION 2. Section 11.31, Alcoholic Beverage Code, is
5-10 amended to read as follows:
5-11 Sec. 11.31. Application for Permit. (a) All permits shall
5-12 be applied for and obtained from the commission. This section does
5-13 not apply to wine and beer retailer's permits, except those for
5-14 railway cars or excursion boats, or to wine and beer retailer's
5-15 off-premise permits.
5-16 (b) The commission may assign a hearing officer employed by
5-17 the commission to process applications for mixed beverage permits
5-18 in any county. If the commission does not assign a hearing officer
5-19 to a county for that purpose, an applicant shall apply to the
5-20 county judge for the issuance of those permits.
5-21 SECTION 3. Chapter 28, Alcoholic Beverage Code, is amended
5-22 by adding Section 28.14 to read as follows:
5-23 Sec. 28.14. COUNTY JUDGE. If an applicant is required under
5-24 Section 11.31 of this code to apply to the county judge for a
5-25 permit under this chapter, the county judge shall perform the
6-1 duties relating to that application that are assigned to the
6-2 commission or administrator under this chapter.
6-3 SECTION 4. Chapter 69, Alcoholic Beverage Code, is amended
6-4 by adding Section 69.15 to read as follows:
6-5 Sec. 69.15. PROTECTED AREAS. (a) The provisions of
6-6 Subchapter D, Chapter 11, of this code apply to the issuance or
6-7 renewal of a retail dealer's on-premise license.
6-8 (b) Section 61.31(b) of this code does not apply to
6-9 application for a retail dealer's on-premise license.
6-10 SECTION 5. This Act takes effect September 1, 1993, and
6-11 applies only to an application filed on or after that date or the
6-12 renewal of a permit that expires on or after that date. An
6-13 application filed before that date or the renewal of a permit that
6-14 expires before that date is governed by the law in effect on the
6-15 date on which the application is filed or on which the permit
6-16 expires.
6-17 SECTION 6. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.