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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures governing the application for certain |
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alcoholic beverage licenses and permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.31(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The county judge shall set the application for a hearing |
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to be held not less than 30 [5] nor more than 35 [10] days after the |
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application is filed. |
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SECTION 2. Section 61.39, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 61.39. MAY CONTEST APPLICATION. (a) Any person may |
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contest the facts stated in an application for a license to |
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distribute, manufacture, or sell beer at retail, or the applicant's |
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right to secure a license. The person may not be required to pay |
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security for the costs which may be incurred in the contest if the |
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case should be decided in favor of the applicant. |
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(b) The commission shall compile information designed to |
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inform the public about issues relevant to the contest of a license |
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or permit application, including information about the licensing |
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and permitting process and references to statutes and commission |
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rules relevant to the documentation required in connection with the |
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contest of an application. The commission shall publish the |
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information on the commission's Internet website and in a written |
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brochure provided to the public free of charge. |
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SECTION 3. Section 61.48, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 61.48. RENEWAL APPLICATION. An application to renew a |
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license shall be filed in writing with the assessor and collector of |
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taxes of the county in which the licensed premises are located not |
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later [no earlier] than 30 days before the license expires [but not
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after it expires]. The application shall be signed by the applicant |
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and shall contain complete information required by the commission |
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showing that the applicant is not disqualified from holding a |
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license. The application shall be accompanied by the appropriate |
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license fee plus a filing fee of $2. The assessor and collector of |
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taxes shall deposit the $2 filing fee in the county treasury and |
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shall account for it as a fee of office. No applicant for a renewal |
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may be required to pay any fee other than license fees and the |
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filing fee unless he is required by the commission or administrator |
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to submit to a renewal hearing before the county judge. |
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SECTION 4. On or before December 1, 2007, the Texas |
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Alcoholic Beverage Commission shall publish the information |
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required under Section 61.39, Alcoholic Beverage Code, as amended |
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by this Act. |
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SECTION 5. The change in law made by this Act applies only |
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to an application for an original alcoholic beverage license or |
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permit filed on or after the effective date of this Act or for the |
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renewal of a license or permit that expires on or after November 1, |
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2007. An application for an original license or permit filed before |
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the effective date of this Act or for the renewal of a license or |
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permit that expires before November 1, 2007, is governed by the law |
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in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |