1-1 By: Moncrief S.B. No. 27
1-2 (In the Senate - Filed November 9, 1992; January 13, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 17, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0;
1-6 February 17, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 27 By: Nelson
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to cancellation of wine and beer retailer permits and
1-26 retail dealer on-premise licenses.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Subchapter C, Chapter 61, Alcoholic Beverage
1-29 Code, is amended by adding Section 61.721 to read as follows:
1-30 Sec. 61.721. CANCELLATION OF PERMIT OR LICENSE IN CERTAIN
1-31 MUNICIPALITIES. The commission or administrator may cancel an
1-32 original or a renewal wine and beer retailer's permit or retail
1-33 dealer's on-premise license and may refuse to issue any new
1-34 alcoholic beverage permit or license for the same premises for one
1-35 year after the date of cancellation if:
1-36 (1) the premises for which the permit or license is
1-37 issued are located in a county with a population of 575,000 or
1-38 more;
1-39 (2) the chief of police of the city or the sheriff of
1-40 the county in which the premises are located has submitted a sworn
1-41 statement to the commission stating specific allegations that the
1-42 place or manner in which the permittee or licensee conducts its
1-43 business endangers the general welfare, health, peace, morals, or
1-44 safety of the community and further stating that there is a
1-45 reasonable likelihood that such conduct would continue at the same
1-46 location under another licensee or permittee; and
1-47 (3) the commission or administrator finds, after
1-48 notice and hearing, that the place or manner in which the permittee
1-49 or licensee conducts its business does in fact endanger the general
1-50 welfare, health, peace, morals, or safety of the community and that
1-51 there is a reasonable likelihood that such conduct would continue
1-52 at the same location under another licensee or permittee.
1-53 SECTION 2. This Act takes effect September 1, 1993.
1-54 SECTION 3. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *
1-60 Austin,
1-61 Texas
1-62 February 17,
1-63 1993
1-64 Hon. Bob Bullock
1-65 President of the Senate
1-66 Sir:
1-67 We, your Committee on State Affairs to which was referred S.B. No.
1-68 27, have had the same under consideration, and I am instructed to
2-1 report it back to the Senate with the recommendation that it do not
2-2 pass, but that the Committee Substitute adopted in lieu thereof do
2-3 pass and be printed.
2-4 Harris of
2-5 Dallas, Chairman
2-6 * * * * *
2-7 WITNESSES
2-8 FOR AGAINST ON
2-9 ___________________________________________________________________
2-10 Name: Rudy Yarbrough x
2-11 Representing: TABC
2-12 City: Austin
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2-14 Name: Thomas Windham x
2-15 Representing: City of Fort Worth
2-16 City: Fort Worth
2-17 -------------------------------------------------------------------
2-18 Name: James Rutledge x
2-19 Representing: Fort Worth Police Dept.
2-20 City: Fort Worth
2-21 -------------------------------------------------------------------
2-22 Name: David Chappell x
2-23 Representing: City of Fort Worth
2-24 City: Fort Worth
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2-26 Name: Shanna Igo x
2-27 Representing: Texas Municipal League
2-28 City: Austin
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2-30 Name: Larry Casto x
2-31 Representing: City of Dallas
2-32 City: Dallas
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