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.