By:  Moncrief                                           S.B. No. 63

         97S0010/1 09/04/96                             

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the recommendations of certain local officials

 1-3     regarding the issuance of permits by the Texas Alcoholic Beverage

 1-4     Commission.

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

 1-6           SECTION 1.  Subsection (a), Section 11.41, Alcoholic Beverage

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

 1-8           (a)  When a person applies for a permit, the commission or

 1-9     administrator shall give due consideration to the recommendations

1-10     of the mayor, city council members or commissioners, chief of

1-11     police, city marshal, or city attorney of the city or town in which

1-12     the premises sought to be licensed are located and of the county

1-13     judge, county commissioners, sheriff, or county or district

1-14     attorney of the county in which the premises sought to be licensed

1-15     are located.  If a protest against the issuance of a permit is made

1-16     to the commission by any of these officers and it is found on a

1-17     hearing or finding of facts that the issuance of the permit would

1-18     be in conflict with the provisions of this code, the commission or

1-19     administrator shall enter an order setting forth the reasons for

1-20     refusal.  A copy of the order shall be immediately mailed or

1-21     delivered to the applicant.

1-22           SECTION 2.  This Act takes effect September 1, 1997.

1-23           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.