By Yarbrough                                           H.B. No. 106
       74R773 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring an applicant for certain alcoholic beverage
    1-3  licenses or permits to publish notice in daily newspapers in
    1-4  certain circumstances.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 11.39(a), Alcoholic Beverage Code, is
    1-7  amended to read as follows:
    1-8        (a)  Every applicant for a pharmacist's medicinal, brewer's,
    1-9  distiller's and rectifier's, mixed beverage, private club
   1-10  registration, winery, wholesaler's, class B wholesaler's, wine
   1-11  bottler's, or package store permit shall give notice of the
   1-12  application by publication at the applicant's <his> own expense in
   1-13  two consecutive issues of all daily newspapers of general
   1-14  circulation published in the city or town in which the applicant's
   1-15  place of business is located or all daily newspapers of general
   1-16  circulation published in the most populous city or town in the
   1-17  county if the applicant's place of business is located in an
   1-18  unincorporated area of a county.  If  no daily newspaper is
   1-19  published in the city or town, the notice shall be published in a
   1-20  newspaper of general circulation published in the city, <or> town,
   1-21  or county in which the applicant's <his> place of business is
   1-22  located.  <If no newspaper is published in the city or town, the
   1-23  notice shall be published in a newspaper of general circulation
   1-24  published in the county where the applicant's business is located.>
    2-1  If no newspaper is published in the county, the notice shall be
    2-2  published in a qualified newspaper published in the closest
    2-3  neighboring county and circulated in the county of the applicant's
    2-4  residence.
    2-5        SECTION 2.  Section 61.38(c), Alcoholic Beverage Code, is
    2-6  amended to read as follows:
    2-7        (c)  When an original application to sell beer at retail at a
    2-8  location not previously licensed is filed, the county clerk shall
    2-9  publish notice for two consecutive issues in all daily newspapers
   2-10  of general circulation published in the city or town in which the
   2-11  applicant's place of business is to be located or all daily
   2-12  newspapers of general circulation published in the most populous
   2-13  city or town in the county if the applicant's place of business is
   2-14  located in an unincorporated area of a county.  If no daily
   2-15  newspaper of general circulation is published in the city or town,
   2-16  the notice shall be published in a newspaper of general circulation
   2-17  published in the city, <or> town, or county in which the
   2-18  applicant's place of business is to be located.  <If no newspaper
   2-19  of general circulation is published in that city or town, the
   2-20  notice shall be published in a newspaper of general circulation in
   2-21  the county where the applicant's business is to be located.>  If no
   2-22  newspaper of general circulation is published in that county, the
   2-23  notice shall be published in a newspaper which is published in the
   2-24  closest neighboring county and is circulated in the county where
   2-25  the license is sought.  The notice shall be in 10-point boldface
   2-26  type and shall set forth the type of license applied for; the exact
   2-27  location of the business; the name of the owner or owners; the
    3-1  trade name, if operating under an assumed name; and in the case of
    3-2  a corporate applicant, the names and titles of all officers of the
    3-3  corporation.  At the time the application is filed, the applicant
    3-4  shall deposit with the clerk the cost of publishing notice, which
    3-5  the clerk shall use to pay for the publication.
    3-6        SECTION 3.  This Act takes effect September 1, 1995.  The
    3-7  changes in law made by this Act apply only to persons who apply for
    3-8  a permit or license on or after the effective date of this Act.
    3-9        SECTION 4.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.