By Davis                                        H.B. No. 1809

      75R6261 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the expiration of certain municipal permits.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter A, Chapter 215, Local Government Code,

 1-5     is amended by adding Section 215.005 to read as follows:

 1-6           Sec. 215.005.  APPLICATION OF DISTANCE REQUIREMENTS.  (a)  In

 1-7     this section:

 1-8                 (1)  "Existing business premises" means a business

 1-9     premises that satisfied, at the time the business opened, the

1-10     requirements established by municipal ordinance regarding distance

1-11     from schools, churches, and other types of premises.

1-12                 (2)  "Special use permit" means a permit issued by a

1-13     municipality to an existing business that does not comply with the

1-14     requirements established by municipal ordinance regarding distance

1-15     from schools, churches, and other types of premises, to allow the

1-16     business to continue to operate for a specified time period.

1-17           (b)  A municipality by ordinance may provide that a special

1-18     use permit issued by the municipality expires on the earlier of:

1-19                 (1)  the date specified by the special use permit; or

1-20                 (2)  the date of the sale or transfer of the premises

1-21     or the business on the premises.

1-22           SECTION 2.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended.