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.