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By: Woolley (Senate Sponsor - Nelson) H.B. No. 1008
(In the Senate - Received from the House May 6, 2003;
May 8, 2003, read first time and referred to Committee on Business
and Commerce; May 23, 2003, reported favorably by the following
vote: Yeas 8, Nays 1; May 23, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to notice of certain applications for alcoholic beverage
permits and licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.401 to read as follows:
Sec. 11.401. NOTICE TO MEMBER OF LEGISLATURE. (a) Except
as provided by Subsection (d), a person who submits an application
for a permit or renewal of a permit authorizing the retail sale or
service of alcoholic beverages for on-premises consumption shall
provide written notice of the application to the state senator and
the state representative who represent the district in which the
premises is located. The notice required by this section must be
delivered by mail at the applicant's expense.
(b) The notice must be provided on a form prescribed by the
commission and must contain:
(1) the type of permit and type of business for which
the applicant has applied;
(2) the exact location of the place of business for
which the permit is sought;
(3) the name of each owner of the business or, if the
business is operated under an assumed name, the trade name and the
name of each owner; and
(4) if the applicant is a corporation, the name and
title of each officer.
(c) The notice required by this section must be provided not
later than:
(1) the fifth day after the date an original
application is filed; or
(2) the 31st day before the expiration date of a permit
for which a renewal application will be filed.
(d) This section does not apply to:
(1) a fraternal or veterans organization; or
(2) an application that contains an application for a
food and beverage certificate.
SECTION 2. Section 11.392, Alcoholic Beverage Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The notice must be provided on a form prescribed by
the commission and must contain:
(1) the type of permit and type of business for which
the applicant has applied;
(2) the exact location of the place of business for
which the permit is sought;
(3) the name of each owner of the business or, if the
business is operated under an assumed name, the trade name and the
name of each owner; and
(4) if the applicant is a corporation, the name and
title of each officer.
SECTION 3. Subchapter B, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.383 to read as follows:
Sec. 61.383. NOTICE TO MEMBER OF LEGISLATURE. (a) Except
as provided by Subsection (d), a person who submits an application
for a license or renewal of a license authorizing the retail sale or
service of alcoholic beverages for on-premises consumption shall
provide written notice of the application to the state senator and
the state representative who represent the district in which the
premises is located. The notice required by this section must be
delivered by mail at the applicant's expense.
(b) The notice must be provided on a form prescribed by the
commission and must contain:
(1) the type of license and type of business for which
the applicant has applied;
(2) the exact location of the place of business for
which the license is sought;
(3) the name of each owner of the business or, if the
business is operated under an assumed name, the trade name and the
name of each owner; and
(4) if the applicant is a corporation, the name and
title of each officer.
(c) The notice required by this section must be provided not
later than:
(1) the fifth day after the date an original
application is filed; or
(2) the 31st day before the expiration date of a
license for which a renewal application will be filed.
(d) This section does not apply to:
(1) a fraternal or veterans organization; or
(2) an application that contains an application for a
food and beverage certificate.
SECTION 4. This Act takes effect September 1, 2003, and
applies to an application for a permit or license or renewal of a
permit or license filed on or after that date. An application for a
permit or license or renewal of a permit or license filed before the
effective date of this Act is governed by the law in effect on the
date the application for a permit or license or renewal of a permit
or license was filed and the former law is continued in effect for
that purpose.
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