BILL ANALYSIS C.S.H.B. 690 By: Van de Putte 4-26-95 Committee Report (Substituted) BACKGROUND There are circumstances where a bar owner will no longer operate a location for what ever reason, and will then sell that location to another party for re-opening as a bar. The application permit would be filed as a renewed permit for the location and would not require a posting of notice of the latest application. Under these circumstances community's are often unable to voice any possible opposition to the location of the licensed establishment. Many feel it is necessary, for both, the owner and the community, to have knowledge of the application in an effort to maintain harmony. PURPOSE HB 690 will provide notice of an application for the re-opening or opening of a new establishment at a previously licensed location. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sec. 11.391 of the Alcoholic Beverage Code. Adds Subsection (d) which requires that an applicant for an alcohol beverage permit issued under Chapter 25, 28, or 32 must follow posting requirements not later than 10 days before the application is submitted if the previous permit was suspended within the last 13 month period preceding the date of the application or if the location described in the application had an alcoholic beverage permit that had been suspended or canceled in the five-year period preceding the date of the application. SECTION 2. Amends Sec. 61.381, Alcoholic Beverage Code, by adding Subsection (d) requiring that an applicant for an alcohol beverage license issued under Chapter 69 or 74 must follow posting requirements not later that 10 days before the application is submitted if the previous license was suspended within the last 13 month period preceding the date of the application or if the location described in the application had an alcoholic beverage license that had been suspended or canceled in the five-year period preceding the date of the application. SECTION 3. Provides that an applicant for renewal of permit or license issued under Chapter 25, 28, 32, 69, or 74 applying before September 1, 1996, must comply with this act, in the same way as an applicant for an original permit or license. This section expires September 2, 1996. SECTION 4. Effective Date: September 1, 1995, and applicable only to an application for a permit or license or renewal of such submitted on or after effective date. An application for a permit or license submitted before September 1, 1995 is governed by law in effect. SECTION 5. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original required notice of an applicant for either an original or renewal. The substitute requires notice of an original. The substitute in SECTION 3 requires notice for a renewal applied for before September 1, 1996, and provides that this section of the act expires September 2, 1996. SUMMARY OF COMMITTEE ACTION HB 690 was heard in a Public Hearing on April 19, 1995. Rep. Yarbrough offered a complete committee substitute and moved that the full committee adopt CSHB 690. There was no objection. The Chair recognized members for questions. The Chair recognized Rep. Van de Putte to close. HB 690 was left pending in committee. There was no objection. HB 690 was considered in a Public Hearing on April 26, 1995. Rep. Torres moved to call up HB 690 as substituted which was pending in committee. There was n objection. The Chair laid out CSHB 690, and recognized Rep. Torres. Rep. Torres moved that the full committee adopt HB 690 as substituted, and that it be reported favorably to the full House with the recommendation that it do pass and be printed, and placed on the Local and Consent calendar. The motion prevailed by the following vote AYES: 6, NAYS: 0, ABSENT: 3.