By Menendez                                           H.B. No. 1806
         77R4477 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to notice requirements for certain applicants for
 1-3     alcoholic beverage licenses and 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)  An applicant for a permit
 1-8     issued under this code shall give written notice of the application
 1-9     to each residential address located within 200 feet of any property
1-10     line of the premises for which the permit is sought.
1-11           (b)  The notice required by this section must be:
1-12                 (1)  delivered by mail at the applicant's expense;
1-13                 (2)  provided in English and a language other than
1-14     English if it is likely that a substantial number of residents in
1-15     the area speak a language other than English as their familiar
1-16     language; and
1-17                 (3)  provided not later than the 14th day before the
1-18     date of any hearing on the application.
1-19           (c)  The notice must be provided on a form prescribed by the
1-20     commission and must contain:
1-21                 (1)  the type of permit for which the applicant has
1-22     applied;
1-23                 (2)  the exact location of the place of business for
1-24     which the permit is sought;
 2-1                 (3)  the name of each owner of the business or, if the
 2-2     business is operated under an assumed name, the trade name and the
 2-3     name of each owner;
 2-4                 (4)  if the applicant is a corporation, the name and
 2-5     title of each officer; and
 2-6                 (5)  a description of the procedure for protesting the
 2-7     application.
 2-8           SECTION 2. Subchapter B, Chapter 61, Alcoholic Beverage Code,
 2-9     is amended by adding Section 61.382 to read as follows:
2-10           Sec. 61.382.  NOTICE BY MAIL. (a)  An applicant for a license
2-11     issued under this code shall give written notice of the application
2-12     to each residential address located within 200 feet of any property
2-13     line of the premises for which the license is sought.
2-14           (b)  The notice required by this section must be:
2-15                 (1)  delivered by mail at the applicant's expense;
2-16                 (2)  provided in English and a language other than
2-17     English if it is likely that a substantial number of residents in
2-18     the area speak a language other than English as their familiar
2-19     language; and
2-20                 (3)  provided not later than the 14th day before the
2-21     date of any hearing on the application.
2-22           (c)  The notice must be provided on a form prescribed by the
2-23     commission and must contain:
2-24                 (1)  the type of license for which the applicant has
2-25     applied;
2-26                 (2)  the exact location of the place of business for
2-27     which the license is sought;
 3-1                 (3)  the name of each owner of the business or, if the
 3-2     business is operated under an assumed name, the trade name and the
 3-3     name of each owner;
 3-4                 (4)  if the applicant is a corporation, the name and
 3-5     title of each officer; and
 3-6                 (5)  a description of the procedure for protesting the
 3-7     application.
 3-8           SECTION 3. (a)  This Act takes effect September 1, 2001.
 3-9           (b)  The Texas Alcoholic Beverage Commission shall prescribe
3-10     the form for the notice required by Sections 11.393 and 61.382,
3-11     Alcoholic Beverage Code, as added by this Act, on or before
3-12     December 1, 2001.
3-13           (c)  An applicant for a permit or license under the Alcoholic
3-14     Beverage Code is not required to comply with Section 11.393 or
3-15     61.382, Alcoholic Beverage Code, as added by this Act, until
3-16     January 1, 2002.