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.