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79R308 AJA-D

By:  Farrar                                                       H.B. No. 271



A BILL TO BE ENTITLED

AN ACT

relating to the cancellation of certain wine and beer retailer's 
permits.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 11, Alcoholic Beverage 
Code, is amended by adding Section 11.614 to read as follows:
	Sec. 11.614.  CANCELLATION OF CERTAIN WINE AND BEER 
RETAILER'S PERMITS.  (a)  In this section, "residential area" has 
the meaning assigned by Section 244.001, Local Government Code.
	(b)  This section applies only to a wine and beer retailer's 
permit for premises located in a residential area 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.
	(c)  The commission, the administrator, or the county judge, 
as applicable, shall hold a hearing under this subchapter to 
determine whether a wine and beer retailer's permit should be 
canceled if the commission receives a petition that:
		(1)  alleges a ground for cancellation under Section 
11.61;          
		(2)  is:                                                               
			(A)  signed by 25 percent of the owners or tenants 
of real property within 300 feet of any point on the property line 
of the permitted premises; or
			(B)  submitted by the state senator or 
representative who represents the district in which the premises 
are located, the chief of police, mayor, or a member of the city 
council of the municipality in which the premises are located, or 
the sheriff of the county in which the premises are located; and
		(3)  is accompanied by the sworn statement of at least 
one credible person supporting the grounds alleged in the petition.
	SECTION 2.  This Act takes effect September 1, 2005.