79R306 AJA-D

By:  Farrar                                                       H.B. No. 276



A BILL TO BE ENTITLED

AN ACT

relating to the number of wine and beer retailer's permits that may 
be issued in certain zip code areas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 25, Alcoholic Beverage Code, is amended 
by adding Section 25.07 to read as follows:
	Sec. 25.07.  LIMITATION ON ISSUANCE OF PERMITS IN CERTAIN 
MUNICIPALITIES.  (a)  In this section, "residential area" has the 
meaning assigned by Section 244.001, Local Government Code.
	(b)  This section applies only to 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 governing body of the municipality may adopt 
regulations limiting the number of wine and beer retailers that may 
operate in a zip code area located wholly or partly within the 
municipality if the zip code area consists primarily of real 
property in residential areas.  A regulation adopted under this 
subsection for a zip code area only partly located in the 
municipality applies only to the area located in the municipality.
	(d)  A regulation adopted under this section may prescribe a 
limit for a zip code area that is fewer than the number of wine and 
beer retailers operating in the zip code area at the time the 
regulation is adopted, but a regulation adopted under this section 
does not affect the authority of a person who holds a wine and beer 
retailer's permit at the time the regulation is adopted to continue 
to operate under that permit or to renew that permit.
	(e)  The county judge shall deny an application for an 
original application for a wine and beer retailer's permit if, at 
the time the application is filed, the number of wine and beer 
retailers operating in the zip code area for the premises for which 
the permit is sought equals or exceeds the number of wine and beer 
retailers allowed in that zip code area by a regulation adopted 
under this section.
	SECTION 2.  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.