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