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79R305 AJA-D
By: Farrar H.B. No. 274
A BILL TO BE ENTITLED
AN ACT
relating to the notice of certain applications for a wine and beer
retailer's permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 25, Alcoholic Beverage Code, is amended
by adding Section 25.055 to read as follows:
Sec. 25.055. PREMISES IN RESIDENTIAL AREA: ADDITIONAL
NOTICE REQUIREMENTS. (a) In addition to any other notice required
by this code, and notwithstanding Section 11.393(b), a person who
submits an application for an original or renewal wine and beer
retailer's permit for premises located in a residential area, as
that term is defined by Section 244.001, Local Government Code,
shall give notice of the application to:
(1) all tenants and owners of real property located
less than 300 feet from any point on the property line of the
premises, as measured in a straight line;
(2) the sheriff of the county in which the premises are
located;
(3) the chief of police, mayor, and members of the
governing body of the incorporated city in which the premises are
located; and
(4) the state senator and state representative
representing the district in which the premises are located.
(b) Notice required by Subsection (a) must be:
(1) delivered by mail at the applicant's expense;
(2) provided in English and a language other than
English if it is likely that a substantial number of residents in
the area speak a language other than English as their familiar
language; and
(3) provided on or before:
(A) the fifth day after the date on which the
applicant files the application, if the application is an original
application; or
(B) the 30th day before the expiration date of a
permit for which the applicant files a renewal application.
(c) 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;
(4) if the applicant is a corporation, the name and
title of each officer of the corporation; and
(5) a description of the procedure for protesting the
application.
(d) In addition to any other notice required by this code,
the commission, administrator, or county judge, as appropriate,
shall give notice of all hearings concerning an original or renewal
application for a wine and beer retailer's permit to each person
entitled to notice under Subsection (a). Notwithstanding Section
11.40, if hearings concerning the application are held by the
commission or administrator, the commission or administrator shall
also give notice under this subsection to the county judge of the
county in which the premises for which the permit is sought are
located.
SECTION 2. (a) Except as provided by Subsection (b), the
change in law made by Section 25.055, Alcoholic Beverage Code, as
added by this Act, applies only to an original or renewal
application for a wine and beer retailer's permit that is filed on
or after the effective date of this Act. An original or renewal
application for a wine and beer retailer's permit that is filed
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.
(b) The change in law made by Section 25.055(d), Alcoholic
Beverage Code, as added by this Act, applies only to a hearing
concerning an application for a wine and beer retailer's permit
that occurs on or after November 1, 2005. A hearing held before
November 1, 2005, is governed by the law in effect immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.