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A BILL TO BE ENTITLED
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AN ACT
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relating to local regulation of the possession and consumption of |
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alcoholic beverages on certain formerly licensed or permitted |
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premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage |
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Code, is amended by adding Section 109.37 to read as follows: |
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Sec. 109.37. POSSESSION OR CONSUMPTION OF ALCOHOLIC |
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BEVERAGES ON CERTAIN PREVIOUSLY LICENSED OR PERMITTED PREMISES. |
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(a) The commissioners court of a county may enact regulations |
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applicable in areas in the county outside an incorporated city or |
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town, and the governing board of an incorporated city or town may |
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enact regulations applicable in the city or town, that, subject to |
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this section, prohibit the possession or consumption of an |
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alcoholic beverage at a location that was previously licensed or |
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permitted to sell alcoholic beverages for on-premises consumption |
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if the commissioners court or governing board determines the |
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license or permit was: |
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(1) canceled for cause; |
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(2) denied renewal; or |
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(3) voluntarily canceled or expired before a hearing |
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after the commission had initiated action to cancel or suspend the |
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license or permit. |
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(b) A regulation enacted under Subsection (a) may prohibit |
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the possession or consumption of an alcoholic beverage at a |
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location for a period of not more than three years from the date the |
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permit or license was canceled or expired. |
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(c) The commissioners court of a county or the governing |
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board of a city or town that has enacted a regulation under |
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Subsection (a) may also allow variances to the regulation: |
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(1) if the commissioners court or governing body |
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determines that enforcement of the regulation in a particular |
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instance: |
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(A) is not in the best interest of the public; |
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(B) constitutes waste or inefficient use of land |
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or other resources; |
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(C) creates an undue hardship on an applicant for |
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a license or permit; |
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(D) does not serve its intended purpose; or |
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(E) is not effective or necessary; or |
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(2) for any other reason the court or governing board |
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determines is in the best interest of the community after |
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considering the health, safety, and welfare of the public and the |
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equities of the situation. |
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(d) A regulation adopted under this section does not limit |
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possession or consumption of alcoholic beverages at a location |
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under a new license or permit issued by the commission. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |