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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of an area's wet or dry status for the |
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purpose of an alcoholic beverage permit or license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.37(a), (b), and (d), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) Not later than the 30th day after the date a prospective |
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applicant for a permit issued by the commission requests |
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certification, the [The] county clerk of the county in which the |
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request [an application for a permit] is made shall certify whether |
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the location or address given in the request [application] is in a |
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wet area and whether the sale of alcoholic beverages for which the |
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permit is sought is prohibited by any valid order of the |
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commissioners court. |
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(b) Not later than the 30th day after the date a prospective |
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applicant for a permit issued by the commission requests |
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certification, the [The] city secretary or clerk of the city in |
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which the request [an application for a permit] is made shall |
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certify whether the location or address given in the request |
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[application] is in a wet area and whether the sale of alcoholic |
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beverages for which the permit is sought is prohibited by charter or |
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ordinance. |
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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 request [application] is not in a |
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wet area or refuses to issue the certification required by this |
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section, the prospective applicant is entitled to a hearing before |
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the county judge to contest the certification or refusal to |
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certify. The prospective applicant must submit a written request |
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to the county judge for a hearing under this subsection. The |
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county judge shall conduct a hearing required by this subsection |
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not later than the 30th day after the date the county judge receives |
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the written request. |
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SECTION 2. Sections 61.37(a), (b), and (d), Alcoholic |
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Beverage Code, are amended to read as follows: |
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|
(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 |
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|
request [an application for a license] is made shall certify |
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|
whether the location or address given in the request [application] |
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|
is in a wet area and whether the sale of alcoholic beverages for |
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|
which the license is sought is prohibited by any valid order of the |
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|
commissioners court. |
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|
(b) Not later than the 30th day after the date a prospective |
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|
applicant for a license issued by the commission requests |
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|
certification, the [The] city secretary or clerk of the city in |
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|
which the request [an application for a license] is made shall |
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|
certify whether the location or address given in the request |
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|
[application] is in a wet area and whether the sale of alcoholic |
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|
beverages for which the license is sought is prohibited by charter |
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or ordinance. |
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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 request [application] is not in a |
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wet area or refuses to issue the certification required by this |
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section, the prospective applicant is entitled to a hearing before |
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|
the county judge to contest the certification or refusal to |
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|
certify. The prospective applicant must submit a written request |
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|
to the county judge for a hearing under this subsection. The county |
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judge shall conduct a hearing required by this subsection not later |
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than the 30th day after the date the county judge receives the |
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written request. |
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SECTION 3. Sections 11.37 and 61.37, Alcoholic Beverage |
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Code, as amended by this Act, apply only to an application for a |
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permit or license received on or after the effective date of this |
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Act. An application for a permit or license received before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |