By McClendon H.B. No. 3598
76R13627 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring notice regarding the location of
1-3 establishments serving alcoholic beverages, sexually oriented
1-4 businesses, and correctional or rehabilitation facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.391, Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 Sec. 11.391. NOTICE BY SIGN. (a) An applicant for a
1-9 [mixed beverage] permit issued under this code [or a private club
1-10 registration permit] for a location not previously licensed for the
1-11 on-premises consumption of alcoholic beverages shall, not later
1-12 than the 60th day before the date the application is filed [on the
1-13 dates notice is required to be published under Section 11.39 of
1-14 this code], prominently post an outdoor sign at the location
1-15 stating that alcoholic beverages are intended to be served on the
1-16 premises, the type of permit, and the name and business address of
1-17 the applicant.
1-18 (b) The sign must be at least 24 by 36 inches in size and
1-19 must [shall] be written in lettering at least two inches in size [a
1-20 manner and of a size the administrator considers adequate to inform
1-21 the general public of the intended use of the property]. The
1-22 administrator may require the sign to be both in English and a
1-23 language other than English if it is likely that a substantial
1-24 number of the residents in the area speak a language other than
2-1 English as their familiar language. The commission shall provide
2-2 such sign and may charge a fee therefor.
2-3 (c) This section does not apply to an applicant for a permit
2-4 issued under Chapter 16, 19, 20, or 21 [An application may not be
2-5 denied for failing to post the notice required by this section if
2-6 the commission or administrator determines that the general public
2-7 in the area in which the premises to be licensed is located is
2-8 adequately aware of the nature of the application].
2-9 [(d) An applicant for a permit issued under Chapter 25, 28,
2-10 or 32 shall comply with this section not later than the 10th day
2-11 before the date the applicant submits the application for a permit
2-12 if:]
2-13 [(1) the applicant's permit was canceled or suspended
2-14 during the 13-month period preceding the date of the application;
2-15 or]
2-16 [(2) the premises described in the application was, in
2-17 the five-year period preceding the date of the application, the
2-18 premises of another holder of an alcoholic beverage permit or
2-19 license that had been suspended or canceled.]
2-20 SECTION 2. Section 61.381, Alcoholic Beverage Code, is
2-21 amended to read as follows:
2-22 Sec. 61.381. NOTICE BY SIGN. (a) An applicant for a [wine
2-23 and beer retailer's permit or a retail dealer's on-premise] license
2-24 issued under this code for a location not previously licensed for
2-25 the on-premises consumption of alcoholic beverages shall, not later
2-26 than the 60th day before the date the application is filed [on the
2-27 dates notice is required to be published under Section 61.38 of
3-1 this code], prominently post an outdoor sign at the location
3-2 stating that alcoholic beverages are intended to be served on the
3-3 premises, the type of license, and the name and business address of
3-4 the applicant.
3-5 (b) The sign must be at least 24 by 36 inches in size and
3-6 must [shall] be written in lettering at least two inches in size [a
3-7 manner and of a size the administrator considers adequate to inform
3-8 the general public of the intended use of the property]. The
3-9 administrator may require the sign to be both in English and a
3-10 language other than English if it is likely that a substantial
3-11 number of the residents in the area speak a language other than
3-12 English as their familiar language. The commission shall provide
3-13 such sign and may charge a fee therefor.
3-14 (c) This section does not apply to an applicant for a
3-15 license issued under Chapter 64, 65, or 66 [An application may not
3-16 be denied for failing to post the notice required by this section
3-17 if the commission or administrator determines that the general
3-18 public in the area in which the premises to be licensed is located
3-19 is adequately aware of the nature of the application].
3-20 [(d) An applicant for a license issued under Chapter 69 or
3-21 74 shall comply with this section not later than the 10th day
3-22 before the date the applicant submits the application for a license
3-23 if:]
3-24 [(1) the applicant's license was canceled or suspended
3-25 during the 13-month period preceding the date of the application;
3-26 or]
3-27 [(2) the premises described in the application was, in
4-1 the five-year period preceding the date of the application, the
4-2 premises of another holder of an alcoholic beverage permit or
4-3 license that had been suspended or canceled.]
4-4 SECTION 3. Chapter 243, Local Government Code, is amended by
4-5 adding Section 243.0075 to read as follows:
4-6 Sec. 243.0075. NOTICE BY SIGN. (a) An applicant for a
4-7 license or permit issued under Section 243.007 for a location not
4-8 previously licensed or permitted shall, not later than the 60th day
4-9 before the date the application is filed, prominently post an
4-10 outdoor sign at the location stating that a sexually oriented
4-11 business is intended to be located on the premises and providing
4-12 the name and business address of the applicant.
4-13 (b) A person who intends to operate a sexually oriented
4-14 business in the jurisdiction of a municipality or county that does
4-15 not require the owner or operator of a sexually oriented business
4-16 to obtain a license or permit shall, not later than the 60th day
4-17 before the date the person intends to begin operation of the
4-18 business, prominently post an outdoor sign at the location stating
4-19 that a sexually oriented business is intended to be located on the
4-20 premises and providing the name and business address of the owner
4-21 and operator.
4-22 (c) The sign must be at least 24 by 36 inches in size and
4-23 must be written in lettering at least two inches in size. The
4-24 municipality or county in which the sexually oriented business is
4-25 to be located may require the sign to be both in English and a
4-26 language other than English if it is likely that a substantial
4-27 number of the residents in the area speak a language other than
5-1 English as their familiar language.
5-2 SECTION 4. Section 244.002, Local Government Code, is
5-3 amended by amending Subsection (a) and adding Subsection (d) to
5-4 read as follows:
5-5 (a) An agency of the state, a political subdivision of the
5-6 state, or a private vendor operating under a contract with an
5-7 agency or political subdivision of the state that proposes to
5-8 construct or operate a correctional or rehabilitation facility
5-9 within 1,000 feet of a residential area, a primary or secondary
5-10 school, property designated as a public park or public recreation
5-11 area by the state or a political subdivision of the state, or a
5-12 church, synagogue, or other place of worship shall:
5-13 (1) [,] if a request is made under Section 244.005,
5-14 notify:
5-15 (A) [(1)] the commissioners court of any county
5-16 with an unincorporated area that includes all or part of the land
5-17 within 1,000 feet of the proposed correctional or rehabilitation
5-18 facility; and
5-19 (B) [(2)] the governing body of any municipality
5-20 that includes within its boundaries all or part of the land within
5-21 1,000 feet of the proposed correctional or rehabilitation facility;
5-22 and
5-23 (2) post the notice required by Subsection (d).
5-24 (d) An entity described by Subsection (a) shall prominently
5-25 post an outdoor sign at the proposed location of the correctional
5-26 or rehabilitation facility stating that a correctional or
5-27 rehabilitation facility is intended to be located on the premises
6-1 and providing the name and business address of the entity. The
6-2 sign must be at least 24 by 36 inches in size and must be written
6-3 in lettering at least two inches in size. The municipality or
6-4 county in which the correctional or rehabilitation facility is to
6-5 be located may require the sign to be both in English and a
6-6 language other than English if it is likely that a substantial
6-7 number of the residents in the area speak a language other than
6-8 English as their familiar language.
6-9 SECTION 5. Section 244.005, Local Government Code, is
6-10 amended to read as follows:
6-11 Sec. 244.005. WRITTEN REQUEST TO RECEIVE NOTICE. (a) The
6-12 commissioners court of a county described under Section
6-13 244.002(a)(1)(A) and the governing body of a municipality described
6-14 under Section 244.002(a)(1)(B) [244.002(a)(2)] are entitled to
6-15 notice under Section 244.002(a) only if the commissioners court or
6-16 the governing body, as appropriate, submits by resolution to the
6-17 agency or political subdivision of the state that proposes to
6-18 construct or operate a correctional or rehabilitation facility, or
6-19 that contracts for the construction or operation of a correctional
6-20 or rehabilitation facility, a written request to receive notice.
6-21 (b) The commissioners court of a county described under
6-22 Section 244.002(a)(1)(A) and the governing body of a municipality
6-23 described under Section 244.002(a)(1)(B) [244.002(a)(2)] are
6-24 entitled to receive notice under Section 244.002(a) from a private
6-25 vendor that contracts with an agency or political subdivision of
6-26 the state only if the commissioners court or governing body, as
6-27 appropriate, submits by resolution to the contracting agency or
7-1 political subdivision of the state a written request to receive
7-2 notice.
7-3 SECTION 6. (a) The changes in law made by this Act apply
7-4 only to:
7-5 (1) an applicant for a license or permit issued under
7-6 the Alcoholic Beverage Code and an applicant for a license or
7-7 permit for a sexually oriented business issued under Section
7-8 243.007, Local Government Code, who files an application on or
7-9 after the effective date of this Act;
7-10 (2) a person who intends to begin, on or after the
7-11 effective date of this Act, the operation of a sexually oriented
7-12 business in the jurisdiction of a municipality or county that does
7-13 not require the owner or operator of a sexually oriented business
7-14 to obtain a license or permit; and
7-15 (3) a person who proposes to construct or operate a
7-16 correctional or rehabilitation facility on or after the effective
7-17 date of this Act.
7-18 (b) An applicant for a license or permit issued under the
7-19 Alcoholic Beverage Code and an applicant for a license or permit
7-20 for a sexually oriented business issued under Section 243.007,
7-21 Local Government Code, who files an application before the
7-22 effective date of this Act is governed by the law in effect when
7-23 the application was filed, and the former law is continued in
7-24 effect for that purpose.
7-25 (c) A person who begins, before the effective date of this
7-26 Act, the operation of a sexually oriented business in the
7-27 jurisdiction of a municipality or county that does not require the
8-1 owner or operator of a sexually oriented business to obtain a
8-2 license or permit is governed by the law in effect when the
8-3 business began operation, and the former law is continued in effect
8-4 for that purpose.
8-5 (d) A person who begins construction or operation of a
8-6 correctional or rehabilitation facility before the effective date
8-7 of this Act is governed by the law in effect when the construction
8-8 or operation began, and the former law is continued in effect for
8-9 that purpose.
8-10 SECTION 7. This Act takes effect September 1, 1999.
8-11 SECTION 8. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.