SRC-CTC S.B. 1524 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1524
77R9058 MCK-DBy: Van de Putte
Business & Commerce
4/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, an applicant must fulfill certain requirements when submitting
an application to the Texas Alcoholic Beverage Commission (TABC) for liquor
sales.  An applicant is required to post a sign on the premises noting the
pending request to TABC; however, a new permit request could go unnoticed
if the property has not been used for a period of time or if there is not
pedestrian traffic where the sign is posted.  As proposed, S.B. 1524
requires a letter to be submitted in English and another appropriate
language, if applicable, to residents of the area in which a permit is
sought, to inform the residents in advance of possible liquor sales on
nearby properties. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 11B, Alcoholic Beverage Code, by adding Section
11.393, as follows: 

Sec. 11.393.  NOTICE BY MAIL.  (a) Requires an applicant for a private club
registration permit or a permit authorizing the retail sale of alcoholic
beverages to give written notice of the application to each residential
address located within 200 feet of any property line of the premises for
which the permit is sought. 

  (b) Requires the notice required by this section to meet certain
conditions. 

(c) Requires the applicant to submit with an application for a permit
described by Subsection (a) a list of each residential address provided
notice under this section. 

(d) Requires the notice to be provided on a form prescribed by the Texas
Alcoholic Beverage Commission (commission) and to contain certain
information. 

SECTION 2. Amends Chapter 61B, Alcoholic Beverage Code, by amending Section
61.382, as follows: 

Sec. 61.382.  NOTICE BY MAIL.  (a) Requires an applicant for a license
authorizing the retail sale of beer to give written notice of the
application to each residential address located within 200 feet of any
property line of the premises for which the permit is sought. 

  (b) Requires the notice required by this section to meet certain
conditions. 

(c) Requires the applicant to submit with an application for a license
described by Subsection (a) a list of each residential address provided
notice under this section. 

 (d) Requires the notice to be provided on a form prescribed by the
commission and to contain certain information. 

SECTION 3.  (a) Effective date: September 1, 2001.

(b) Requires the commission to prescribe the form for the notice required
by Sections 11.393 ad 61.382, Alcoholic Beverage Code, as added by this
Act, on or before December 1, 2001. 

(c) Provides that an applicant for a permit or license under the Alcoholic
Beverage Code is not required to comply with Section 11.393 or 61.382,
Alcoholic Beverage Code, as added by this Act, until January 1, 2002.