By Yarbrough                                          H.B. No. 1419
          Substitute the following for H.B. No. 1419:
          By Pickett                                        C.S.H.B. No. 1419
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the issuance of a food and beverage certificate to
    1-3  certain holders of alcoholic beverage permits.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 28, Alcoholic Beverage Code, is amended
    1-6  by adding Section 28.18 to read as follows:
    1-7        Sec. 28.18.  FOOD AND BEVERAGE CERTIFICATE.  (a)  A holder of
    1-8  a mixed beverage permit may be issued a food and beverage
    1-9  certificate by the commission if the gross receipts of mixed
   1-10  beverages sold by the holder are 75 percent or less of the total
   1-11  gross receipts from the premises.
   1-12        (b)  The commission by rule shall adopt a method for
   1-13  reporting the holder's gross receipts from the sale of mixed
   1-14  beverages and the holder's gross receipts from the premises.
   1-15        (c)  The annual fee for a food and beverage certificate shall
   1-16  cover the cost of certifying and issuing the certificate.
   1-17        (d)  On receipt of an application for a renewal of a mixed
   1-18  beverage permit by a holder who also holds a food and beverage
   1-19  certificate, the commission shall request certification by the
   1-20  comptroller to determine whether the holder is in compliance with
   1-21  Subsection (a).  If the comptroller certifies that the holder is
   1-22  not in compliance with Subsection (a), the commission may not renew
   1-23  the certificate.
   1-24        (e)  A certificate expires on the first anniversary of the
    2-1  issuance of the certificate.  A holder of a mixed beverage permit
    2-2  who is denied renewal of a certificate may not apply for a new
    2-3  certificate until the day after the first anniversary of the
    2-4  determination of the comptroller under Subsection (d).
    2-5        (f)  The provisions of this code that apply to a holder of a
    2-6  mixed beverage permit, except Section 11.11, also apply to a holder
    2-7  of a food and beverage certificate.
    2-8        SECTION 2.  Chapter 32, Alcoholic Beverage Code, is amended
    2-9  by adding Section 32.23 to read as follows:
   2-10        Sec. 32.23.  FOOD AND BEVERAGE CERTIFICATE.  (a)  A holder of
   2-11  a private club registration permit may be issued a food and
   2-12  beverage certificate by the commission if the gross receipts of
   2-13  mixed beverages served by the holder are 75 percent or less of the
   2-14  total gross receipts from the premises.
   2-15        (b)  The commission by rule shall adopt a method for
   2-16  reporting the holder's gross receipts from the service of mixed
   2-17  beverages and the holder's gross receipts from the premises.
   2-18        (c)  The annual fee for a food and beverage certificate shall
   2-19  cover the cost of certifying and issuing the certificate.
   2-20        (d)  On receipt of an application for a renewal of a private
   2-21  club registration permit by a holder who also holds a food and
   2-22  beverage certificate, the commission shall request certification by
   2-23  the comptroller to determine whether the holder is in compliance
   2-24  with Subsection (a).  If the comptroller certifies that the holder
   2-25  is not in compliance with Subsection (a), the commission may not
   2-26  renew the certificate.
   2-27        (e)  A certificate expires on the first anniversary of the
    3-1  issuance of the certificate.  A holder of a private club
    3-2  registration permit who is denied renewal of a certificate may not
    3-3  apply for a new certificate until the day after the first
    3-4  anniversary of the determination of the comptroller under
    3-5  Subsection (d).
    3-6        (f)  The provisions of this code that apply to a holder of a
    3-7  private club registration permit, except Section 11.11, also apply
    3-8  to a holder of a food and beverage certificate.
    3-9        SECTION 3.  This Act takes effect September 1, 1995.
   3-10        SECTION 4.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency and an imperative public necessity that the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended.