1-1     By:  Moncrief                                           S.B. No. 63

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Intergovernmental

 1-4     Relations; March 20, 1997, reported favorably by the following

 1-5     vote:  Yeas 11, Nays 0; March 20, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the recommendations of certain local officials

 1-9     regarding the issuance of permits by the Texas Alcoholic Beverage

1-10     Commission.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subsection (a), Section 11.41, Alcoholic Beverage

1-13     Code, is amended to read as follows:

1-14           (a)  When a person applies for a permit, the commission or

1-15     administrator shall give due consideration to the recommendations

1-16     of the mayor, city council members or commissioners, chief of

1-17     police, city marshal, or city attorney of the city or town in which

1-18     the premises sought to be licensed are located and of the county

1-19     judge, county commissioners, sheriff, or county or district

1-20     attorney of the county in which the premises sought to be licensed

1-21     are located.  If a protest against the issuance of a permit is made

1-22     to the commission by any of these officers and it is found on a

1-23     hearing or finding of facts that the issuance of the permit would

1-24     be in conflict with the provisions of this code, the commission or

1-25     administrator shall enter an order setting forth the reasons for

1-26     refusal.  A copy of the order shall be immediately mailed or

1-27     delivered to the applicant.

1-28           SECTION 2.  This Act takes effect September 1, 1997.

1-29           SECTION 3.  The importance of this legislation and the

1-30     crowded condition of the calendars in both houses create an

1-31     emergency and an imperative public necessity that the

1-32     constitutional rule requiring bills to be read on three several

1-33     days in each house be suspended, and this rule is hereby suspended.

1-34                                  * * * * *