1-1     By:  Van de Putte                                     S.B. No. 1524
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Business and Commerce;
 1-4     April 17, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 17, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1524            By:  Van de Putte
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to notice requirements for certain applicants for certain
1-11     alcoholic beverage licenses and permits.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 11, Alcoholic Beverage
1-14     Code, is amended by adding Section 11.393 to read as follows:
1-15           Sec. 11.393.  NOTICE BY MAIL.  (a)  Except as provided by
1-16     Subsection (b), a person who submits an original application for a
1-17     private club registration permit or a permit authorizing the
1-18     on-premises consumption of alcoholic beverages shall give written
1-19     notice of the application to each residential address located
1-20     within 300 feet of any property line of the premises for which the
1-21     permit is sought.
1-22           (b)  The notice required by Subsection (a) does not apply to
1-23     an application that contains an application for a food and beverage
1-24     certificate.
1-25           (c)  The notice required by this section must be:
1-26                 (1)  delivered by mail at the applicant's expense;
1-27                 (2)  provided in English and a language other than
1-28     English if it is likely that a substantial number of residents in
1-29     the area speak a language other than English as their familiar
1-30     language; and
1-31                 (3)  provided not earlier than the 14th day before the
1-32     date the application is filed and not later than 14 days before the
1-33     permit is issued.
1-34           (d)  The applicant shall submit with an application for a
1-35     permit described by Subsection (a) a list of each residential
1-36     address provided notice under this section.
1-37           (e)  The notice must be provided on a form prescribed by the
1-38     commission and must contain:
1-39                 (1)  the type of permit and type of business for which
1-40     the applicant has applied;
1-41                 (2)  the exact location of the place of business for
1-42     which the permit is sought;
1-43                 (3)  the name of each owner of the business or, if the
1-44     business is operated under an assumed name, the trade name and the
1-45     name of each owner;
1-46                 (4)  if the applicant is a corporation, the name and
1-47     title of each officer; and
1-48                 (5)  a description of the procedure for protesting the
1-49     application.
1-50           SECTION 2.  Subchapter B, Chapter 61, Alcoholic Beverage
1-51     Code, is amended by adding Section 61.382 to read as follows:
1-52           Sec. 61.382.  NOTICE BY MAIL.  (a)  Except as provided by
1-53     Subsection (b), a person who submits an original application for a
1-54     license authorizing the on-premises sale of beer shall give written
1-55     notice of the application to each residential address located
1-56     within 300 feet of any property line of the premises for which the
1-57     license is sought.
1-58           (b)  The notice required by Subsection (a) does not apply to
1-59     an application that contains an application for a food and beverage
1-60     certificate.
1-61           (c)  The notice required by this section must be:
1-62                 (1)  delivered by mail at the applicant's expense;
1-63                 (2)  provided in English and a language other than
1-64     English if it is likely that a substantial number of residents in
 2-1     the area speak a language other than English as their familiar
 2-2     language; and
 2-3                 (3)  provided not earlier than the 14th day before the
 2-4     date the application is filed and not later than 14 days before the
 2-5     license is issued.
 2-6           (d)  The applicant shall submit with an application for a
 2-7     license described by Subsection (a) a list of each residential
 2-8     address provided notice under this section.
 2-9           (e)  The notice must be provided on a form prescribed by the
2-10     commission and must contain:
2-11                 (1)  the type of license and type of business for which
2-12     the applicant has applied;
2-13                 (2)  the exact location of the place of business for
2-14     which the license is sought;
2-15                 (3)  the name of each owner of the business or, if the
2-16     business is operated under an assumed name, the trade name and the
2-17     name of each owner;
2-18                 (4)  if the applicant is a corporation, the name and
2-19     title of each officer; and
2-20                 (5)  a description of the procedure for protesting the
2-21     application.
2-22           SECTION 3.  (a)  This Act takes effect September 1, 2001.
2-23           (b)  The Texas Alcoholic Beverage Commission shall prescribe
2-24     the form for the notice required by Sections 11.393 and 61.382,
2-25     Alcoholic Beverage Code, as added by this Act, on or before
2-26     December 1, 2001.
2-27           (c)  An applicant for a permit or license under the Alcoholic
2-28     Beverage Code is not required to comply with Section 11.393 or
2-29     61.382, Alcoholic Beverage Code, as added by this Act, until
2-30     January 1, 2002.
2-31                                  * * * * *