75R13191 PAM-D                           

         By Hamric                                             H.B. No. 2647

         Substitute the following for H.B. No. 2647:

         By Hamric                                         C.S.H.B. No. 2647

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to hearing requirements for sexually oriented businesses

 1-3     applying for certain permits and licenses under the Alcoholic

 1-4     Beverage Code.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Sections 11.43(b), (c), and (d), Alcoholic

 1-7     Beverage Code, are amended to read as follows:

 1-8           (b)  Notwithstanding any other provision of this code that

 1-9     authorizes the commission or administrator to refuse to issue a

1-10     permit without a hearing, the commission or administrator shall

1-11     hold a hearing [before granting or refusing to issue an original

1-12     mixed beverage permit, private club registration permit, wine and

1-13     beer retailer's permit, or retail dealer's on-premise license if a

1-14     sexually oriented business is to be operated on the premises to be

1-15     covered by the permit or license.]

1-16           [(c)  A hearing shall be held] on any original or renewal

1-17     application of a mixed beverage permit, private club registration

1-18     permit, wine and beer retailer's permit, or retail dealer's

1-19     on-premise license if a sexually oriented business is to be

1-20     operated on the premises to be covered by the permit or license

1-21     and:

1-22                 (1)  a local official, state representative, or state

1-23     senator who represents the area where the sexually oriented

1-24     business is to be operated requests a hearing; or

 2-1                 (2)  a petition is presented to the commission

 2-2     requesting a hearing which is signed by at least 100 [50 percent of

 2-3     the] residents who reside  within one-half mile [300 feet] of any

 2-4     property line of the affected premises or, if fewer than 200 people

 2-5     reside within that area, signed by at least 50 percent of those

 2-6     residents.

 2-7           (c) [(d)]  A member of the public scheduled to speak at

 2-8     [request for] a hearing [made] under [Subsection (b) or (c) of]

 2-9     this section may not be excluded from the hearing to prevent the

2-10     person from hearing the comments or testimony of another person

2-11     scheduled to speak at the hearing [must include an allegation of

2-12     grounds on which the original or renewal application, as

2-13     applicable, should be denied].

2-14           (d)  In this section, "local official" means the mayor, chief

2-15     of police, marshal, or attorney for the municipality or the county

2-16     judge, sheriff, or county or district attorney or a county

2-17     commissioner or constable, of the county in which the premises

2-18     sought to be licensed is located.

2-19           SECTION 2.  The change in law made by this Act applies only

2-20     to an original or renewal application submitted on or after the

2-21     effective date of this Act.  An original or renewal application

2-22     submitted before the effective date of this Act is governed by the

2-23     law in effect when the application was submitted, and the former

2-24     law is continued in effect for that purpose.

2-25           SECTION 3.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended,

 3-3     and that this Act take effect and be in force from and after its

 3-4     passage, and it is so enacted.