By Hamric                                       H.B. No. 2647

      75R7395 PAM-D                           

                                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(c) and (d), Alcoholic Beverage

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

 1-8           (c)  A hearing shall be held on any original or renewal

 1-9     application of a mixed beverage permit, private club registration

1-10     permit, wine and beer retailer's permit, or retail dealer's

1-11     on-premise license if a sexually oriented business is to be

1-12     operated on the premises to be covered by the permit or license

1-13     and:

1-14                 (1)  an elected official who represents the area where

1-15     the sexually oriented business is to be operated requests a

1-16     hearing; or

1-17                 (2)  a petition is presented to the commission

1-18     requesting a hearing which is signed by at least 100 [50 percent of

1-19     the] residents who reside  within one-half mile [300 feet] of any

1-20     property line of the affected premises or, if fewer than 200 people

1-21     reside within that area, signed by at least 50 percent of those

1-22     residents.

1-23           (d)  A member of the public scheduled to speak at [request

1-24     for] a hearing [made] under [Subsection (b) or (c) of] this section

 2-1     may not be excluded from the hearing to prevent the person from

 2-2     hearing the comments or testimony of another person scheduled to

 2-3     speak at the hearing [must include an allegation of grounds on

 2-4     which the original or renewal application, as applicable, should be

 2-5     denied].

 2-6           SECTION 2.  The change in law made by this Act applies only

 2-7     to an original or renewal application submitted on or after the

 2-8     effective date of this Act.  An original or renewal application

 2-9     submitted before the effective date of this Act is governed by the

2-10     law in effect when the application was submitted, and the former

2-11     law is continued in effect for that purpose.

2-12           SECTION 3.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended,

2-17     and that this Act take effect and be in force from and after its

2-18     passage, and it is so enacted.