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, 21, 22, 23, 24, or 52 [An
2-5 application may not be denied for failing to post the notice
2-6 required by this section if the commission or administrator
2-7 determines that the general public in the area in which the
2-8 premises to be licensed is located is adequately aware of the
2-9 nature of the application].
2-10 [(d) An applicant for a permit issued under Chapter 25, 28,
2-11 or 32 shall comply with this section not later than the 10th day
2-12 before the date the applicant submits the application for a permit
2-13 if:]
2-14 [(1) the applicant's permit was canceled or suspended
2-15 during the 13-month period preceding the date of the application;
2-16 or]
2-17 [(2) the premises described in the application was, in
2-18 the five-year period preceding the date of the application, the
2-19 premises of another holder of an alcoholic beverage permit or
2-20 license that had been suspended or canceled.]
2-21 SECTION 2. Section 61.381, Alcoholic Beverage Code, is
2-22 amended to read as follows:
2-23 Sec. 61.381. NOTICE BY SIGN. (a) An applicant for a [wine
2-24 and beer retailer's permit or a retail dealer's on-premise] license
2-25 issued under this code for a location not previously licensed for
2-26 the on-premises consumption of alcoholic beverages shall, not later
2-27 than the 60th day before the date the application is filed [on the
3-1 dates notice is required to be published under Section 61.38 of
3-2 this code], prominently post an outdoor sign at the location
3-3 stating that alcoholic beverages are intended to be served on the
3-4 premises, the type of license, and the name and business address of
3-5 the applicant.
3-6 (b) The sign must be at least 24 by 36 inches in size and
3-7 must [shall] be written in lettering at least two inches in size [a
3-8 manner and of a size the administrator considers adequate to inform
3-9 the general public of the intended use of the property]. The
3-10 administrator may require the sign to be both in English and a
3-11 language other than English if it is likely that a substantial
3-12 number of the residents in the area speak a language other than
3-13 English as their familiar language. The commission shall provide
3-14 such sign and may charge a fee therefor.
3-15 (c) This section does not apply to an applicant for a
3-16 license issued under Chapter 64, 65, 66, or 71 [An application may
3-17 not be denied for failing to post the notice required by this
3-18 section if the commission or administrator determines that the
3-19 general public in the area in which the premises to be licensed is
3-20 located is adequately aware of the nature of the application].
3-21 [(d) An applicant for a license issued under Chapter 69 or
3-22 74 shall comply with this section not later than the 10th day
3-23 before the date the applicant submits the application for a license
3-24 if:]
3-25 [(1) the applicant's license was canceled or suspended
3-26 during the 13-month period preceding the date of the application;
3-27 or]
4-1 [(2) the premises described in the application was, in
4-2 the five-year period preceding the date of the application, the
4-3 premises of another holder of an alcoholic beverage permit or
4-4 license that had been suspended or canceled.]
4-5 SECTION 3. Chapter 243, Local Government Code, is amended by
4-6 adding Section 243.0075 to read as follows:
4-7 Sec. 243.0075. NOTICE BY SIGN. (a) An applicant for a
4-8 license or permit issued under Section 243.007 for a location not
4-9 previously licensed or permitted shall, not later than the 60th day
4-10 before the date the application is filed, prominently post an
4-11 outdoor sign at the location stating that a sexually oriented
4-12 business is intended to be located on the premises and providing
4-13 the name and business address of the applicant.
4-14 (b) A person who intends to operate a sexually oriented
4-15 business in the jurisdiction of a municipality or county that does
4-16 not require the owner or operator of a sexually oriented business
4-17 to obtain a license or permit shall, not later than the 60th day
4-18 before the date the person intends to begin operation of the
4-19 business, prominently post an outdoor sign at the location stating
4-20 that a sexually oriented business is intended to be located on the
4-21 premises and providing the name and business address of the owner
4-22 and operator.
4-23 (c) The sign must be at least 24 by 36 inches in size and
4-24 must be written in lettering at least two inches in size. The
4-25 municipality or county in which the sexually oriented business is
4-26 to be located may require the sign to be both in English and a
4-27 language other than English if it is likely that a substantial
5-1 number of the residents in the area speak a language other than
5-2 English as their familiar language.
5-3 SECTION 4. Section 244.002, Local Government Code, is
5-4 amended by amending Subsection (a) and adding Subsection (d) to
5-5 read as follows:
5-6 (a) An agency of the state, a political subdivision of the
5-7 state, or a private vendor operating under a contract with an
5-8 agency or political subdivision of the state that proposes to
5-9 construct or operate a correctional or rehabilitation facility
5-10 within 1,000 feet of a residential area, a primary or secondary
5-11 school, property designated as a public park or public recreation
5-12 area by the state or a political subdivision of the state, or a
5-13 church, synagogue, or other place of worship shall:
5-14 (1) [,] if a request is made under Section 244.005,
5-15 notify:
5-16 (A) [(1)] the commissioners court of any county
5-17 with an unincorporated area that includes all or part of the land
5-18 within 1,000 feet of the proposed correctional or rehabilitation
5-19 facility; and
5-20 (B) [(2)] the governing body of any municipality
5-21 that includes within its boundaries all or part of the land within
5-22 1,000 feet of the proposed correctional or rehabilitation facility;
5-23 and
5-24 (2) post the notice required by Subsection (d).
5-25 (d) An entity described by Subsection (a) shall prominently
5-26 post an outdoor sign at the proposed location of the correctional
5-27 or rehabilitation facility stating that a correctional or
6-1 rehabilitation facility is intended to be located on the premises
6-2 and providing the name and business address of the entity. The
6-3 sign must be at least 24 by 36 inches in size and must be written
6-4 in lettering at least two inches in size. The municipality or
6-5 county in which the correctional or rehabilitation facility is to
6-6 be located may require the sign to be both in English and a
6-7 language other than English if it is likely that a substantial
6-8 number of the residents in the area speak a language other than
6-9 English as their familiar language.
6-10 SECTION 5. Section 244.005, Local Government Code, is
6-11 amended to read as follows:
6-12 Sec. 244.005. WRITTEN REQUEST TO RECEIVE NOTICE. (a) The
6-13 commissioners court of a county described under Section
6-14 244.002(a)(1)(A) and the governing body of a municipality described
6-15 under Section 244.002(a)(1)(B) [244.002(a)(2)] are entitled to
6-16 notice under Section 244.002(a) only if the commissioners court or
6-17 the governing body, as appropriate, submits by resolution to the
6-18 agency or political subdivision of the state that proposes to
6-19 construct or operate a correctional or rehabilitation facility, or
6-20 that contracts for the construction or operation of a correctional
6-21 or rehabilitation facility, a written request to receive notice.
6-22 (b) The commissioners court of a county described under
6-23 Section 244.002(a)(1)(A) and the governing body of a municipality
6-24 described under Section 244.002(a)(1)(B) [244.002(a)(2)] are
6-25 entitled to receive notice under Section 244.002(a) from a private
6-26 vendor that contracts with an agency or political subdivision of
6-27 the state only if the commissioners court or governing body, as
7-1 appropriate, submits by resolution to the contracting agency or
7-2 political subdivision of the state a written request to receive
7-3 notice.
7-4 SECTION 6. (a) The changes in law made by this Act apply
7-5 only to:
7-6 (1) an applicant for a license or permit issued under
7-7 the Alcoholic Beverage Code and an applicant for a license or
7-8 permit for a sexually oriented business issued under Section
7-9 243.007, Local Government Code, who files an application on or
7-10 after the effective date of this Act;
7-11 (2) a person who intends to begin, on or after the
7-12 effective date of this Act, the operation of a sexually oriented
7-13 business in the jurisdiction of a municipality or county that does
7-14 not require the owner or operator of a sexually oriented business
7-15 to obtain a license or permit; and
7-16 (3) a person who proposes to construct or operate a
7-17 correctional or rehabilitation facility on or after the effective
7-18 date of this Act.
7-19 (b) An applicant for a license or permit issued under the
7-20 Alcoholic Beverage Code and an applicant for a license or permit
7-21 for a sexually oriented business issued under Section 243.007,
7-22 Local Government Code, who files an application before the
7-23 effective date of this Act is governed by the law in effect when
7-24 the application was filed, and the former law is continued in
7-25 effect for that purpose.
7-26 (c) A person who begins, before the effective date of this
7-27 Act, the operation of a sexually oriented business in the
8-1 jurisdiction of a municipality or county that does not require the
8-2 owner or operator of a sexually oriented business to obtain a
8-3 license or permit is governed by the law in effect when the
8-4 business began operation, and the former law is continued in effect
8-5 for that purpose.
8-6 (d) A person who begins construction or operation of a
8-7 correctional or rehabilitation facility before the effective date
8-8 of this Act is governed by the law in effect when the construction
8-9 or operation began, and the former law is continued in effect for
8-10 that purpose.
8-11 SECTION 7. This Act takes effect September 1, 1999.
8-12 SECTION 8. The importance of this legislation and the
8-13 crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3598 was passed by the House on May
4, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3598 on May 26, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3598 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor