| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to appeal of the refusal of an alcoholic beverage license |
|
|
or permit based on a certification of an area's wet or dry status. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 11.37, Alcoholic Beverage Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) Notwithstanding any other provision of this code, if the |
|
|
commission refuses to issue a permit based on the certification by |
|
|
the county clerk, city secretary, or city clerk under this section |
|
|
or the refusal of the county clerk, city secretary, or city clerk to |
|
|
issue the certification required by this section, the applicant is |
|
|
entitled to a hearing before the commission to contest the |
|
|
commission's decision to refuse to issue a permit. |
|
|
SECTION 2. Section 61.37, Alcoholic Beverage Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) Notwithstanding any other provision of this code, if the |
|
|
commission refuses to issue a license based on the certification by |
|
|
the county clerk, city secretary, or city clerk under this section |
|
|
or the refusal of the county clerk, city secretary, or city clerk to |
|
|
issue the certification required by this section, the applicant is |
|
|
entitled to a hearing before the commission to contest the |
|
|
commission's decision to refuse to issue a license. |
|
|
SECTION 3. Sections 11.37(d) and 61.37(d), Alcoholic |
|
|
Beverage Code, as added by this Act, apply only to a refusal by the |
|
|
Texas Alcoholic Beverage Commission to issue a permit or license on |
|
|
or after the effective date of this Act. A refusal by the |
|
|
commission to issue a permit or license before the effective date of |
|
|
this Act is governed by the law in effect immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |