By Ehrhardt                                           H.B. No. 3026
       74R8066 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to notification to certain persons of an application for
    1-3  or renewal of an alcoholic beverage license or permit.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.391, Alcoholic Beverage Code, is
    1-6  amended to read as follows:
    1-7        Sec. 11.391.  NOTICE BY SIGN AND OTHER METHODS.  (a)  An
    1-8  applicant for a permit issued under this subtitle <mixed beverage
    1-9  permit or a private club registration permit for a location not
   1-10  previously licensed for the on-premises consumption of alcoholic
   1-11  beverages> shall, for the 30 days following the date of filing an
   1-12  application with the commission <on the dates notice is required to
   1-13  be published under Section 11.39 of this code>, prominently post an
   1-14  outdoor sign at the location stating that alcoholic beverages are
   1-15  intended to be served on the premises, the type of permit, <and>
   1-16  the name and business address of the applicant, and information on
   1-17  the procedure to file an objection to the application.
   1-18        (b)  The sign shall be written in a manner and of a size the
   1-19  administrator considers adequate to inform the general public of
   1-20  the intended use of the property.  The administrator may require
   1-21  the sign to be both in English and a language other than English if
   1-22  it is likely that a substantial number of the residents in the area
   1-23  speak a language other than English as their familiar language.
   1-24  The commission shall provide such sign and may charge a fee
    2-1  therefor.  The sign must be posted at a prominent location adjacent
    2-2  to a public street that is easily visible from the street.
    2-3        (c)  An application shall <may not> be denied or action on
    2-4  the application delayed by the commission if an applicant fails
    2-5  <for failing> to post the notice required by this section <if the
    2-6  commission or administrator determines that the general public in
    2-7  the area in which the premises to be licensed is located is
    2-8  adequately aware of the nature of the application>.
    2-9        (d)  The applicant shall send written notice of an
   2-10  application for a permit or a renewal of a permit, by first class
   2-11  mail, postage paid, to each owner of property and to each household
   2-12  within 200 feet of the premises described in the application.
   2-13        SECTION 2.  Section 61.381, Alcoholic Beverage Code, is
   2-14  amended to read as follows:
   2-15        Sec. 61.381.  NOTICE BY SIGN AND OTHER METHODS.  Section
   2-16  11.391, which describes the methods of giving notice by signs or
   2-17  other methods, applies to licenses issued under this subtitle. The
   2-18  time for posting the notice by sign begins on the day the
   2-19  application is filed under Section 61.31  <(a)  An applicant for a
   2-20  wine and beer retailer's permit or a retail dealer's on-premise
   2-21  license for a location not previously licensed for the on-premises
   2-22  consumption of alcoholic beverages shall, on the dates notice is
   2-23  required to be published under Section 61.38 of this code,
   2-24  prominently post an outdoor sign at the location stating that
   2-25  alcoholic beverages are intended to be served on the premises, the
   2-26  type of license, and the name and business address of the
   2-27  applicant.>
    3-1        <(b)  The sign shall be written in a manner and of a size the
    3-2  administrator considers adequate to inform the general public of
    3-3  the intended use of the property.  The administrator may require
    3-4  the sign to be both in English and a language other than English if
    3-5  it is likely that a substantial number of the residents in the area
    3-6  speak a language other than English as their familiar language.
    3-7  The commission shall provide such sign and may charge a fee
    3-8  therefor.>
    3-9        <(c)  An application may not be denied for failing to post
   3-10  the notice required by this section if the commission or
   3-11  administrator determines that the general public in the area in
   3-12  which the premises to be licensed is located is adequately aware of
   3-13  the nature of the application>.
   3-14        SECTION 3.  This Act takes effect September 1, 1995, and
   3-15  applies only to an application for or renewal of an alcoholic
   3-16  beverage license or permit filed on or after September 1, 1995. An
   3-17  application for or renewal of an alcoholic beverage license or
   3-18  permit filed before September 1, 1995, is covered by the law in
   3-19  effect when the application was filed, and the former law is
   3-20  continued in effect for that purpose.
   3-21        SECTION 4.  The importance of this legislation and the
   3-22  crowded condition of the calendars in both houses create an
   3-23  emergency and an imperative public necessity that the
   3-24  constitutional rule requiring bills to be read on three several
   3-25  days in each house be suspended, and this rule is hereby suspended.