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.