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.