1-1 By: Hilderbran (Senate Sponsor - Gallegos) H.B. No. 1719 1-2 (In the Senate - Received from the House May 4, 1995; 1-3 May 5, 1995, read first time and referred to Committee on State 1-4 Affairs; May 24, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 10, Nays 0; May 24, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1719 By: Gallegos 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to altering the business form of the holder of a permit 1-11 allowing the sale or service of alcoholic beverages for on-premise 1-12 consumption. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Chapter 11, Alcoholic Beverage Code is amended by 1-15 adding Section 11.12 to read as follows: 1-16 Sec. 11.12. CHANGE IN FORM OF OWNERSHIP. The holder of a 1-17 permit allowing the sale or service of alcoholic beverages for 1-18 on-premise consumption, including a food and beverage certificate, 1-19 may alter the form of business under which a permit is held if the 1-20 ownership of the new form of business is identical to that of the 1-21 prior form. The business form of a permitted premise located 1-22 within 1,000 feet of the property line of a public school may not 1-23 be altered or transferred under Section 28.04(d)(2)(B) if receipts 1-24 from the sale or service of alcohol exceed 50 percent of the gross 1-25 receipts from the premises. The measurement of the distance 1-26 between the place of business where alcoholic beverages are sold 1-27 and the public schools shall be in a direct line from the property 1-28 line of the public school to the property line of the place of 1-29 business and in a direct line across intersections. A person 1-30 changing the form of ownership of a business holding a permit 1-31 allowing the on-premise sale or service of alcoholic beverages 1-32 shall pay a fee of $100 for each permitted premise and the new 1-33 business form shall succeed to all the privileges of the prior 1-34 business form in the permit. 1-35 SECTION 2. Chapter 61, Alcoholic Beverage Code is amended by 1-36 adding Section 61.14 to read as follows: 1-37 Sec. 61.14. CHANGE IN FORM OF OWNERSHIP. The holder of a 1-38 license allowing the sale of alcoholic beverages for on-premise 1-39 consumption, including a food and beverage certificate, may alter 1-40 the form of business under which a license is held if the ownership 1-41 of the new form of business is identical to that of the prior form. 1-42 The business form of a licensed premise located within 1,000 feet 1-43 of the property line of a public school may not be altered. The 1-44 measurement of the distance between the place of business where 1-45 alcoholic beverages are sold and the public schools shall be in a 1-46 direct line from the property line of the public school to the 1-47 property line of the place of business and in a direct line across 1-48 intersections. A person changing the form of ownership of a 1-49 business holding a license allowing the on-premise sale or service 1-50 of alcoholic beverages shall pay a fee of $100 for each licensed 1-51 premise and the new business form shall succeed to all the 1-52 privileges of the prior business form in the license. 1-53 SECTION 3. The importance of this legislation and the 1-54 crowded condition of the calendars in both houses create an 1-55 emergency and an imperative public necessity that the 1-56 constitutional rule requiring bills to be read on three several 1-57 days in each house be suspended, and this rule is hereby suspended. 1-58 * * * * *