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AN ACT
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relating to appeal of the certification of an area's wet or dry |
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status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.37, Alcoholic Beverage Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Notwithstanding any other provision of this code, if the |
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county clerk, city secretary, or city clerk certifies that the |
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location or address given in the application is not in a wet area or |
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refuses to issue the certification required by this section, the |
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applicant is entitled to a hearing before the county judge to |
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contest the certification or refusal to certify. The applicant |
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must submit a written request to the county judge for a hearing |
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under this subsection. The county judge shall conduct a hearing |
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required by this subsection not later than the 30th day after the |
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date the county judge receives the written request. |
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SECTION 2. Section 61.37, Alcoholic Beverage Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Notwithstanding any other provision of this code, if the |
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county clerk, city secretary, or city clerk certifies that the |
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location or address given in the application is not in a wet area or |
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refuses to issue the certification required by this section, the |
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applicant is entitled to a hearing before the county judge to |
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contest the certification or refusal to certify. The applicant |
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must submit a written request to the county judge for a hearing |
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under this subsection. The county judge shall conduct a hearing |
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required by this subsection not later than the 30th day after the |
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date the county judge receives the written request. |
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SECTION 3. Sections 11.37(d) and 61.37(d), Alcoholic |
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Beverage Code, as added by this Act, apply only to a certification |
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issued or a refusal to certify made by a county clerk, city |
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secretary, or city clerk on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1959 was passed by the House on May 3, |
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2011, by the following vote: Yeas 142, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1959 was passed by the Senate on May |
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24, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |