By Menendez, Moreno of Harris, Martinez Fischer, H.B. No. 1806 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the issuance of certain alcoholic beverage licenses and 1-3 permits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage Code, 1-6 is amended by adding Section 11.393 to read as follows: 1-7 Sec. 11.393. NOTICE BY MAIL. (a) Except as provided by 1-8 Subsection (b), a person who submits an original application for a 1-9 private club registration permit or a permit authorizing the 1-10 on-premises consumption of alcoholic beverages shall give written 1-11 notice of the application to each residential address and 1-12 established neighborhood association located within 300 feet of any 1-13 property line of the premises for which the permit is sought. 1-14 (b) The notice required by Subsection (a) does not apply to 1-15 an application that contains an application for a food and beverage 1-16 certificate. 1-17 (c) The notice required by this section must be: 1-18 (1) delivered by mail at the applicant's expense; 1-19 (2) provided in English and a language other than 1-20 English if it is likely that a substantial number of residents in 1-21 the area speak a language other than English as their familiar 1-22 language; and 1-23 (3) provided not earlier than the 14th day and not 1-24 later than the 7th day before the date the application is filed. 1-25 (d) The applicant shall submit with an application for a 2-1 permit described by Subsection (a) a list of each residential 2-2 address provided notice under this section. 2-3 (e) The notice must be provided on a form prescribed by the 2-4 commission and must contain: 2-5 (1) the type of permit and type of business for which 2-6 the applicant has applied; 2-7 (2) the exact location of the place of business for 2-8 which the permit is sought; 2-9 (3) the name of each owner of the business or, if the 2-10 business is operated under an assumed name, the trade name and the 2-11 name of each owner; 2-12 (4) if the applicant is a corporation, the name and 2-13 title of each officer; and 2-14 (5) a description of the procedure for protesting the 2-15 application. 2-16 SECTION 2. Section 61.32(c), Alcoholic Beverage Code, is 2-17 amended to read as follows: 2-18 (c) In the case of an application to sell beer at retail, 2-19 the county judge may give due consideration to any recommendations 2-20 made by representatives of the commission, the state senator who 2-21 represents the area in question, the state representative who 2-22 represents the area in question, the county commissioner who 2-23 represents the area in question, or the sheriff or county or 2-24 district attorney of the county where the license is sought, or the 2-25 mayor, city council member or commissioner who represents the area 2-26 in question, or chief of police of the incorporated city where the 2-27 applicant seeks to conduct business. 3-1 SECTION 3. Subchapter B, Chapter 61, Alcoholic Beverage Code, 3-2 is amended by adding Section 61.382 to read as follows: 3-3 Sec. 61.382. NOTICE BY MAIL. (a) Except as provided by 3-4 Subsection (b), a person who submits an original application for a 3-5 license authorizing the on-premises sale of beer shall give written 3-6 notice of the application to each residential address and 3-7 established neighborhood association located within 300 feet of any 3-8 property line of the premises for which the license is sought. 3-9 (b) The notice required by Subsection (a) does not apply to 3-10 an application that contains an application for a food and beverage 3-11 certificate. 3-12 (c) The notice required by this section must be: 3-13 (1) delivered by mail at the applicant's expense; 3-14 (2) provided in English and a language other than 3-15 English if it is likely that a substantial number of residents in 3-16 the area speak a language other than English as their familiar 3-17 language; and 3-18 (3) provided not earlier than the 14th day and not 3-19 later than the 7th day before the date the application is filed. 3-20 (d) The applicant shall submit with an application for a 3-21 license described by Subsection (a) a list of each residential 3-22 address provided notice under this section. 3-23 (e) The notice must be provided on a form prescribed by the 3-24 commission and must contain: 3-25 (1) the type of license and type of business for which 3-26 the applicant has applied; 3-27 (2) the exact location of the place of business for 4-1 which the license is sought; 4-2 (3) the name of each owner of the business or, if the 4-3 business is operated under an assumed name, the trade name and the 4-4 name of each owner; 4-5 (4) if the applicant is a corporation, the name and 4-6 title of each officer; and 4-7 (5) a description of the procedure for protesting the 4-8 application. 4-9 SECTION 4. (a) This Act takes effect September 1, 2001. 4-10 (b) The Texas Alcoholic Beverage Commission shall prescribe 4-11 the form for the notice required by Sections 11.393 and 61.382, 4-12 Alcoholic Beverage Code, as added by this Act, on or before 4-13 December 1, 2001. 4-14 (c) An applicant for a permit or license under the Alcoholic 4-15 Beverage Code is not required to comply with Section 11.393 or 4-16 61.382, Alcoholic Beverage Code, as added by this Act, until 4-17 January 1, 2002.