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.