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.