86R7520 JAM-D
 
  By: Hall S.B. No. 699
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the certification of an area's wet or dry status for the
  purpose of an alcoholic beverage permit or license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 11.37(a), (b), and (d), Alcoholic
  Beverage Code, are amended to read as follows:
         (a)  Not later than the 30th day after the date a prospective
  applicant for a permit issued by the commission requests
  certification, the [The] county clerk of the county in which the
  request [an application for a permit] is made shall certify whether
  the location or address given in the request [application] is in a
  wet area and whether the sale of alcoholic beverages for which the
  permit is sought is prohibited by any valid order of the
  commissioners court.
         (b)  Not later than the 30th day after the date a prospective
  applicant for a permit issued by the commission requests
  certification, the [The] city secretary or clerk of the city in
  which the request [an application for a permit] is made shall
  certify whether the location or address given in the request 
  [application] is in a wet area and whether the sale of alcoholic
  beverages for which the permit is sought is prohibited by charter or
  ordinance.
         (d)  Notwithstanding any other provision of this code, if the
  county clerk, city secretary, or city clerk certifies that the
  location or address given in the request [application] is not in a
  wet area or refuses to issue the certification required by this
  section, the prospective applicant is entitled to a hearing before
  the county judge to contest the certification or refusal to
  certify.  The prospective applicant must submit a written request
  to the county judge for a hearing under this subsection.  The
  county judge shall conduct a hearing required by this subsection
  not later than the 30th day after the date the county judge receives
  the written request.
         SECTION 2.  Sections 61.37(a), (b), and (d), Alcoholic
  Beverage Code, are amended to read as follows:
         (a)  Not later than the 30th day after the date a prospective
  applicant for a license issued by the commission requests
  certification, the [The] county clerk of the county in which the
  request [an application for a license] is made shall certify
  whether the location or address given in the request [application]
  is in a wet area and whether the sale of alcoholic beverages for
  which the license is sought is prohibited by any valid order of the
  commissioners court.
         (b)  Not later than the 30th day after the date a prospective
  applicant for a license issued by the commission requests
  certification, the [The] city secretary or clerk of the city in
  which the request [an application for a license] is made shall
  certify whether the location or address given in the request 
  [application] is in a wet area and whether the sale of alcoholic
  beverages for which the license is sought is prohibited by charter
  or ordinance.
         (d)  Notwithstanding any other provision of this code, if the
  county clerk, city secretary, or city clerk certifies that the
  location or address given in the request [application] is not in a
  wet area or refuses to issue the certification required by this
  section, the prospective applicant is entitled to a hearing before
  the county judge to contest the certification or refusal to
  certify.  The prospective applicant must submit a written request
  to the county judge for a hearing under this subsection.  The county
  judge shall conduct a hearing required by this subsection not later
  than the 30th day after the date the county judge receives the
  written request.
         SECTION 3.  Sections 11.37 and 61.37, Alcoholic Beverage
  Code, as amended by this Act, apply only to an application for a
  permit or license received on or after the effective date of this
  Act. An application for a permit or license received 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, 2019.