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A BILL TO BE ENTITLED
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AN ACT
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relating to the grounds for a hearing concerning action on certain |
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alcoholic beverage permits and licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage |
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Code, is amended by adding Section 11.614 to read as follows: |
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Sec. 11.614. REQUEST TO TAKE ACTION ON PERMIT. (a) On |
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receipt by the commission of a petition or resolution under this |
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section, the commission or the administrator shall notify a person |
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permitted to sell alcoholic beverages for on-premises consumption |
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of the commission's intent to initiate a hearing under this section |
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with the State Office of Administrative Hearings concerning |
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possible action on the person's permit. |
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(b) A petition for a hearing under this section must be |
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signed by at least 15 homeowners or tenants who reside on property |
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having boundaries within 200 feet of the property line of the |
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permitted premises. |
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(c) A resolution requesting a hearing under this section may |
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be adopted by majority vote of a neighborhood association of a |
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neighborhood: |
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(1) having boundaries within 200 feet of the property |
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line of the permitted premises; and |
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(2) containing property primarily used for |
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residential purposes having boundaries within 200 feet of the |
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property line of the permitted premises. |
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(d) A petition or resolution under this section must be |
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submitted to the commission with a statement from the individuals |
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submitting the petition or from the neighborhood association that |
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adopted the resolution that alleges that the permit holder is using |
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or allowing others to use the permitted premises in a manner that |
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constitutes a common nuisance, as defined by Section 125.001, Civil |
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Practice and Remedies Code, or by Section 101.70(a) of this code. |
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(e) After the commission receives a petition or resolution |
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under this section, the State Office of Administrative Hearings |
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shall attempt to mediate a resolution between the residents and the |
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permit holder. |
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(f) If the State Office of Administrative Hearings is not |
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able to resolve the dispute, the State Office of Administrative |
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Hearings shall determine whether to take further action on the |
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petition or resolution, including issuing a temporary injunction or |
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requiring the permit holder to employ an off-duty peace officer to |
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provide security for the permitted premises for a period of six |
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months. |
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(g) If the permit holder violates a temporary injunction |
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issued under this section, the commission or administrator may |
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suspend or cancel the permit holder's permit. |
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(h) This section does not apply to a permit issued to the |
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holder of a food and beverage certificate. |
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SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage |
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Code, is amended by adding Section 61.722 to read as follows: |
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Sec. 61.722. REQUEST TO TAKE ACTION ON LICENSE. (a) On |
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receipt by the commission of a petition or resolution under this |
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section, the commission or the administrator shall notify a person |
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licensed to sell alcoholic beverages for on-premises consumption of |
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the commission's intent to initiate a hearing under this section |
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with the State Office of Administrative Hearings concerning |
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possible action on the person's license. |
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(b) A petition for a hearing under this section must be |
|
signed by at least 15 homeowners or tenants who reside on property |
|
having boundaries within 200 feet of the property line of the |
|
licensed premises. |
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(c) A resolution requesting a hearing under this section may |
|
be adopted by majority vote of a neighborhood association of a |
|
neighborhood: |
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(1) having boundaries within 200 feet of the property |
|
line of the licensed premises; and |
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(2) containing property primarily used for |
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residential purposes having boundaries within 200 feet of the |
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property line of the licensed premises. |
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(d) A petition or resolution under this section must be |
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submitted to the commission with a statement from the individuals |
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submitting the petition or from the neighborhood association that |
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adopted the resolution that alleges that the license holder is |
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using or allowing others to use the licensed premises in a manner |
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that constitutes a common nuisance, as defined by Section 125.001, |
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Civil Practice and Remedies Code, or by Section 101.70(a) of this |
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code. |
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(e) After the commission receives a petition or resolution |
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under this section, the State Office of Administrative Hearings |
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shall attempt to mediate a resolution between the residents and the |
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license holder. |
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(f) If the State Office of Administrative Hearings is not |
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able to resolve the dispute, the State Office of Administrative |
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Hearings shall determine whether to take further action on the |
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petition or resolution, including issuing a temporary injunction or |
|
requiring the license holder to employ an off-duty peace officer to |
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provide security for the licensed premises for a period of six |
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months. |
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(g) If the license holder violates a temporary injunction |
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issued under this section, the commission or administrator may |
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suspend or cancel the license holder's license. |
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(h) This section does not apply to a license issued to the |
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holder of a food and beverage certificate. |
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SECTION 3. This Act takes effect September 1, 2011. |