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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of and standing to protest certain alcoholic |
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beverage permit and license applications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.393(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), a person who |
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submits an original application for a private club registration |
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permit or a permit authorizing the retail sale of alcoholic |
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beverages for on-premises consumption shall give written notice of |
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the application to each residential address and established |
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neighborhood association located within 1,000 [300] feet of any |
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property line of the premises for which the permit is sought. |
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SECTION 2. (a) Section 11.431(a), Alcoholic Beverage Code, |
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as effective until September 1, 2021, is amended to read as follows: |
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(a) A member of the public may protest an application for: |
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(1) an original mixed beverage permit, private club |
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registration permit, or wine and beer retailer's permit if a |
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sexually oriented business is to be operated on the premises to be |
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covered by the permit; |
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(2) any renewal of a mixed beverage permit, private |
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club registration permit, or wine and beer retailer's permit if a |
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sexually oriented business is to be operated on the premises to be |
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covered by the permit and a petition is presented to the commission |
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requesting a hearing which is signed by 50 percent of the residents |
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who reside within 1,000 [300] feet of any property line of the |
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affected premises; |
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(3) a private club registration permit or a permit |
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authorizing the retail sale of alcoholic beverages for on-premises |
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consumption if the person resides within 1,000 [300] feet of any |
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property line of the premises for which the permit is sought; and |
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(4) a mixed beverage permit or a wine and beer |
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retailer's permit in a municipality with a population of 1,500,000 |
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or more if: |
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(A) any point of the property line of the premise |
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is less than 1,000 [300] feet from the nearest point on a property |
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line of a residence, church, school, hospital, day-care facility, |
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or social service facility, as measured in a straight line; and |
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(B) 75 percent or more of the permittee's actual |
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or anticipated gross revenue is from the sale of alcoholic |
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beverages. |
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(b) Section 11.431(a), Alcoholic Beverage Code, as |
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effective September 1, 2021, is amended to read as follows: |
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(a) A member of the public may protest an application for: |
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(1) an original mixed beverage permit, private club |
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|
registration permit, or wine and malt beverage retailer's permit if |
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|
a sexually oriented business is to be operated on the premises to be |
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|
covered by the permit; |
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(2) any renewal of a mixed beverage permit, private |
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|
club registration permit, or wine and malt beverage retailer's |
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|
permit if a sexually oriented business is to be operated on the |
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|
premises to be covered by the permit and a petition is presented to |
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the commission requesting a hearing which is signed by 50 percent of |
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the residents who reside within 1,000 [300] feet of any property |
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line of the affected premises; |
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(3) a private club registration permit or a permit |
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authorizing the retail sale of alcoholic beverages for on-premises |
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consumption if the person resides within 1,000 [300] feet of any |
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property line of the premises for which the permit is sought; and |
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(4) a mixed beverage permit or a wine and malt beverage |
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retailer's permit in a municipality with a population of 1,500,000 |
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or more if: |
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(A) any point of the property line of the premise |
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is less than 1,000 [300] feet from the nearest point on a property |
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line of a residence, church, school, hospital, day-care facility, |
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or social service facility, as measured in a straight line; and |
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(B) 75 percent or more of the permittee's actual |
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or anticipated gross revenue is from the sale of alcoholic |
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beverages. |
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SECTION 3. (a) Section 11.52(a), Alcoholic Beverage Code, |
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as effective until September 1, 2021, is amended to read as follows: |
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(a) In a municipality with a population of 1,500,000 or |
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more, an applicant for an original or renewal mixed beverage permit |
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or wine and beer retailer's permit shall provide the notice |
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required by Subsection (b) if: |
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(1) any point of the property line of the premise is |
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less than 1,000 [300] feet from the nearest point on a property line |
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of a residence, church, school, hospital, day-care facility, or |
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social service facility, as measured in a straight line; and |
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(2) 75 percent or more of the permittee's actual or |
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anticipated gross revenue is from the sale of alcoholic beverages. |
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(b) Section 11.52(a), Alcoholic Beverage Code, as effective |
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September 1, 2021, is amended to read as follows: |
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(a) In a municipality with a population of 1,500,000 or |
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more, an applicant for an original or renewal mixed beverage permit |
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or wine and malt beverage retailer's permit shall provide the |
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notice required by Subsection (b) if: |
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(1) any point of the property line of the premise is |
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less than 1,000 [300] feet from the nearest point on a property line |
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of a residence, church, school, hospital, day-care facility, or |
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social service facility, as measured in a straight line; and |
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(2) 75 percent or more of the permittee's actual or |
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anticipated gross revenue is from the sale of alcoholic beverages. |
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SECTION 4. Section 61.313(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) A member of the public may protest an application for: |
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(1) an original retail dealer's on-premise license if |
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a sexually oriented business is to be operated on the premises to be |
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covered by the license; |
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(2) any renewal of a retail dealer's on-premise |
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license if a sexually oriented business is to be operated on the |
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premises to be covered by the license and a petition is presented to |
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the commission that is signed by 50 percent of the residents who |
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reside within 1,000 [300] feet of any property line of the affected |
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premises; or |
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(3) a license authorizing the retail sale of malt |
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beverages for on-premises consumption if the person resides within |
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1,000 [300] feet of any property line of the premises for which the |
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license is sought. |
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SECTION 5. (a) Section 61.382(a), Alcoholic Beverage Code, |
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as effective until September 1, 2021, is amended to read as follows: |
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(a) Except as provided by Subsection (b), a person who |
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submits an original application for a license authorizing the |
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retail sale of beer for on-premises consumption shall give written |
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notice of the application to each residential address and |
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established neighborhood association located within 1,000 [300] |
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feet of any property line of the premises for which the license is |
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sought. |
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(b) Section 61.382(a), Alcoholic Beverage Code, as |
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effective September 1, 2021, is amended to read as follows: |
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(a) Except as provided by Subsection (b), a person who |
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submits an original application for a license authorizing the |
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retail sale of malt beverages for on-premises consumption shall |
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give written notice of the application to each residential address |
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and established neighborhood association located within 1,000 |
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[300] feet of any property line of the premises for which the |
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license is sought. |
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SECTION 6. The changes in law made by this Act apply to an |
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application for an alcoholic beverage permit or license filed on or |
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after the effective date of this Act or pending on the effective |
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date of this Act. |
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SECTION 7. 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, 2021. |