By Torres                                       H.B. No. 2816

      75R7207 LJR-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the expiration of secondary alcoholic beverage permits

 1-3     and licenses.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 11.09, Alcoholic Beverage Code, is

 1-6     amended to read as follows:

 1-7           Sec. 11.09.  EXPIRATION OF PERMIT.  A permit issued under

 1-8     this code expires one year after the date it is issued except as

 1-9     otherwise provided by this code.  Any secondary permit, including a

1-10     late hours permit or temporary permit, held by a basic or primary

1-11     permit holder expires on the same date as the primary permit, and

1-12     the commission may not prorate or refund any part of the secondary

1-13     permit fee because the application of this section results in the

1-14     expiration of the secondary permit in less than one year.

1-15           SECTION 2.  Section 61.03, Alcoholic Beverage Code, is

1-16     amended to read as follows:

1-17           Sec. 61.03.  DURATION AND EXPIRATION OF LICENSE.  No license

1-18     may be issued for a term longer than one year.  Any license except

1-19     a branch, importer's, importer's carrier's, or temporary license

1-20     expires one year after the date on which it is issued.  Any

1-21     secondary license, including a late hours license or temporary

1-22     license, held by a basic or primary license or permit holder

1-23     expires on the same date as the primary license or permit, and the

1-24     commission may not prorate or refund any part of the secondary

 2-1     license fee because the application of this section results in the

 2-2     expiration of the secondary license in less than one year.

 2-3           SECTION 3.  This Act takes effect September 1, 1997.

 2-4           SECTION 4.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.