1-1 By: McClendon (Senate Sponsor - Cain) H.B. No. 3598
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-7 Amend H.B. No. 3598 as follows:
1-8 (1) In SECTION 1 of the bill, in Section 11.391(c),
1-9 Alcoholic Beverage Code (Committee Printing page 1, line 42),
1-10 strike "or 21" and substitute "21, 22, 23, 24, or 52".
1-11 (2) In SECTION 2 of the bill, in Section 61.381, Alcoholic
1-12 Beverage Code (Committee Printing page 2, line 17), strike "or 66"
1-13 and substitute "66, or 71".
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to requiring notice regarding the location of
1-17 establishments serving alcoholic beverages, sexually oriented
1-18 businesses, and correctional or rehabilitation facilities.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 11.391, Alcoholic Beverage Code, is
1-21 amended to read as follows:
1-22 Sec. 11.391. NOTICE BY SIGN. (a) An applicant for a
1-23 [mixed beverage] permit issued under this code [or a private club
1-24 registration permit] for a location not previously licensed for the
1-25 on-premises consumption of alcoholic beverages shall, not later
1-26 than the 60th day before the date the application is filed [on the
1-27 dates notice is required to be published under Section 11.39 of
1-28 this code], prominently post an outdoor sign at the location
1-29 stating that alcoholic beverages are intended to be served on the
1-30 premises, the type of permit, and the name and business address of
1-31 the applicant.
1-32 (b) The sign must be at least 24 by 36 inches in size and
1-33 must [shall] be written in lettering at least two inches in size [a
1-34 manner and of a size the administrator considers adequate to inform
1-35 the general public of the intended use of the property]. The
1-36 administrator may require the sign to be both in English and a
1-37 language other than English if it is likely that a substantial
1-38 number of the residents in the area speak a language other than
1-39 English as their familiar language. The commission shall provide
1-40 such sign and may charge a fee therefor.
1-41 (c) This section does not apply to an applicant for a permit
1-42 issued under Chapter 16, 19, 20, or 21 [An application may not be
1-43 denied for failing to post the notice required by this section if
1-44 the commission or administrator determines that the general public
1-45 in the area in which the premises to be licensed is located is
1-46 adequately aware of the nature of the application].
1-47 [(d) An applicant for a permit issued under Chapter 25, 28,
1-48 or 32 shall comply with this section not later than the 10th day
1-49 before the date the applicant submits the application for a permit
1-50 if:]
1-51 [(1) the applicant's permit was canceled or suspended
1-52 during the 13-month period preceding the date of the application;
1-53 or]
1-54 [(2) the premises described in the application was, in
1-55 the five-year period preceding the date of the application, the
1-56 premises of another holder of an alcoholic beverage permit or
1-57 license that had been suspended or canceled.]
1-58 SECTION 2. Section 61.381, Alcoholic Beverage Code, is
1-59 amended to read as follows:
1-60 Sec. 61.381. NOTICE BY SIGN. (a) An applicant for a [wine
1-61 and beer retailer's permit or a retail dealer's on-premise] license
1-62 issued under this code for a location not previously licensed for
1-63 the on-premises consumption of alcoholic beverages shall, not later
2-1 than the 60th day before the date the application is filed [on the
2-2 dates notice is required to be published under Section 61.38 of
2-3 this code], prominently post an outdoor sign at the location
2-4 stating that alcoholic beverages are intended to be served on the
2-5 premises, the type of license, and the name and business address of
2-6 the applicant.
2-7 (b) The sign must be at least 24 by 36 inches in size and
2-8 must [shall] be written in lettering at least two inches in size [a
2-9 manner and of a size the administrator considers adequate to inform
2-10 the general public of the intended use of the property]. The
2-11 administrator may require the sign to be both in English and a
2-12 language other than English if it is likely that a substantial
2-13 number of the residents in the area speak a language other than
2-14 English as their familiar language. The commission shall provide
2-15 such sign and may charge a fee therefor.
2-16 (c) This section does not apply to an applicant for a
2-17 license issued under Chapter 64, 65, or 66 [An application may not
2-18 be denied for failing to post the notice required by this section
2-19 if the commission or administrator determines that the general
2-20 public in the area in which the premises to be licensed is located
2-21 is adequately aware of the nature of the application].
2-22 [(d) An applicant for a license issued under Chapter 69 or
2-23 74 shall comply with this section not later than the 10th day
2-24 before the date the applicant submits the application for a license
2-25 if:]
2-26 [(1) the applicant's license was canceled or suspended
2-27 during the 13-month period preceding the date of the application;
2-28 or]
2-29 [(2) the premises described in the application was, in
2-30 the five-year period preceding the date of the application, the
2-31 premises of another holder of an alcoholic beverage permit or
2-32 license that had been suspended or canceled.]
2-33 SECTION 3. Chapter 243, Local Government Code, is amended by
2-34 adding Section 243.0075 to read as follows:
2-35 Sec. 243.0075. NOTICE BY SIGN. (a) An applicant for a
2-36 license or permit issued under Section 243.007 for a location not
2-37 previously licensed or permitted shall, not later than the 60th day
2-38 before the date the application is filed, prominently post an
2-39 outdoor sign at the location stating that a sexually oriented
2-40 business is intended to be located on the premises and providing
2-41 the name and business address of the applicant.
2-42 (b) A person who intends to operate a sexually oriented
2-43 business in the jurisdiction of a municipality or county that does
2-44 not require the owner or operator of a sexually oriented business
2-45 to obtain a license or permit shall, not later than the 60th day
2-46 before the date the person intends to begin operation of the
2-47 business, prominently post an outdoor sign at the location stating
2-48 that a sexually oriented business is intended to be located on the
2-49 premises and providing the name and business address of the owner
2-50 and operator.
2-51 (c) The sign must be at least 24 by 36 inches in size and
2-52 must be written in lettering at least two inches in size. The
2-53 municipality or county in which the sexually oriented business is
2-54 to be located may require the sign to be both in English and a
2-55 language other than English if it is likely that a substantial
2-56 number of the residents in the area speak a language other than
2-57 English as their familiar language.
2-58 SECTION 4. Section 244.002, Local Government Code, is
2-59 amended by amending Subsection (a) and adding Subsection (d) to
2-60 read as follows:
2-61 (a) An agency of the state, a political subdivision of the
2-62 state, or a private vendor operating under a contract with an
2-63 agency or political subdivision of the state that proposes to
2-64 construct or operate a correctional or rehabilitation facility
2-65 within 1,000 feet of a residential area, a primary or secondary
2-66 school, property designated as a public park or public recreation
2-67 area by the state or a political subdivision of the state, or a
2-68 church, synagogue, or other place of worship shall:
2-69 (1) [,] if a request is made under Section 244.005,
3-1 notify:
3-2 (A) [(1)] the commissioners court of any county
3-3 with an unincorporated area that includes all or part of the land
3-4 within 1,000 feet of the proposed correctional or rehabilitation
3-5 facility; and
3-6 (B) [(2)] the governing body of any municipality
3-7 that includes within its boundaries all or part of the land within
3-8 1,000 feet of the proposed correctional or rehabilitation facility;
3-9 and
3-10 (2) post the notice required by Subsection (d).
3-11 (d) An entity described by Subsection (a) shall prominently
3-12 post an outdoor sign at the proposed location of the correctional
3-13 or rehabilitation facility stating that a correctional or
3-14 rehabilitation facility is intended to be located on the premises
3-15 and providing the name and business address of the entity. The
3-16 sign must be at least 24 by 36 inches in size and must be written
3-17 in lettering at least two inches in size. The municipality or
3-18 county in which the correctional or rehabilitation facility is to
3-19 be located may require the sign to be both in English and a
3-20 language other than English if it is likely that a substantial
3-21 number of the residents in the area speak a language other than
3-22 English as their familiar language.
3-23 SECTION 5. Section 244.005, Local Government Code, is
3-24 amended to read as follows:
3-25 Sec. 244.005. WRITTEN REQUEST TO RECEIVE NOTICE. (a) The
3-26 commissioners court of a county described under Section
3-27 244.002(a)(1)(A) and the governing body of a municipality described
3-28 under Section 244.002(a)(1)(B) [244.002(a)(2)] are entitled to
3-29 notice under Section 244.002(a) only if the commissioners court or
3-30 the governing body, as appropriate, submits by resolution to the
3-31 agency or political subdivision of the state that proposes to
3-32 construct or operate a correctional or rehabilitation facility, or
3-33 that contracts for the construction or operation of a correctional
3-34 or rehabilitation facility, a written request to receive notice.
3-35 (b) The commissioners court of a county described under
3-36 Section 244.002(a)(1)(A) and the governing body of a municipality
3-37 described under Section 244.002(a)(1)(B) [244.002(a)(2)] are
3-38 entitled to receive notice under Section 244.002(a) from a private
3-39 vendor that contracts with an agency or political subdivision of
3-40 the state only if the commissioners court or governing body, as
3-41 appropriate, submits by resolution to the contracting agency or
3-42 political subdivision of the state a written request to receive
3-43 notice.
3-44 SECTION 6. (a) The changes in law made by this Act apply
3-45 only to:
3-46 (1) an applicant for a license or permit issued under
3-47 the Alcoholic Beverage Code and an applicant for a license or
3-48 permit for a sexually oriented business issued under Section
3-49 243.007, Local Government Code, who files an application on or
3-50 after the effective date of this Act;
3-51 (2) a person who intends to begin, on or after the
3-52 effective date of this Act, the operation of a sexually oriented
3-53 business in the jurisdiction of a municipality or county that does
3-54 not require the owner or operator of a sexually oriented business
3-55 to obtain a license or permit; and
3-56 (3) a person who proposes to construct or operate a
3-57 correctional or rehabilitation facility on or after the effective
3-58 date of this Act.
3-59 (b) An applicant for a license or permit issued under the
3-60 Alcoholic Beverage Code and an applicant for a license or permit
3-61 for a sexually oriented business issued under Section 243.007,
3-62 Local Government Code, who files an application before the
3-63 effective date of this Act is governed by the law in effect when
3-64 the application was filed, and the former law is continued in
3-65 effect for that purpose.
3-66 (c) A person who begins, before the effective date of this
3-67 Act, the operation of a sexually oriented business in the
3-68 jurisdiction of a municipality or county that does not require the
3-69 owner or operator of a sexually oriented business to obtain a
4-1 license or permit is governed by the law in effect when the
4-2 business began operation, and the former law is continued in effect
4-3 for that purpose.
4-4 (d) A person who begins construction or operation of a
4-5 correctional or rehabilitation facility before the effective date
4-6 of this Act is governed by the law in effect when the construction
4-7 or operation began, and the former law is continued in effect for
4-8 that purpose.
4-9 SECTION 7. This Act takes effect September 1, 1999.
4-10 SECTION 8. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.
4-15 * * * * *