79R311 AJA-D
By: Farrar H.B. No. 140
A BILL TO BE ENTITLED
AN ACT
relating to grounds for refusal to renew certain wine and beer
retailer's permits.
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 11.461 to read as follows:
Sec. 11.461. CERTAIN WINE AND BEER RETAILER'S PERMITS:
ADDITIONAL GROUNDS FOR REFUSAL TO RENEW. (a) This section applies
only to a wine and beer retailer's permit for premises located in a
municipality:
(1) with a population of 1.5 million or more; and
(2) that has not adopted a comprehensive zoning
ordinance under Subchapter A, Chapter 211, Local Government Code.
(b) The commission or administrator may refuse to issue a
renewal wine and beer retailer's permit for a premises located
within 300 feet of a church, school, or day-care center or
child-care facility, as that distance is determined under Sections
109.33 and 109.331, if the commission or administrator determines
after a hearing that the operation of the premises has an adverse
effect on the health, safety, or welfare of individuals attending
the church, school, or day-care center or child-care facility.
SECTION 2. (a) The change in law made by this Act applies
only to an application for renewal of a wine and beer retailer's
permit that is filed or pending on or after the effective date of
this Act.
(b) An application for renewal of a wine and beer retailer's
permit that is filed and approved before the effective date of this
Act is governed by the law in effect immediately before that date,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.