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A BILL TO BE ENTITLED
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AN ACT
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relating to standing to protest certain alcoholic beverage permit |
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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 11.431(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 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 300 feet of any property |
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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 300 feet from the nearest point on a property line of a |
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residence, church, school, hospital, day-care facility, or social |
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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 2. 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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300 feet of any property line of the premises for which the license |
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is sought. |
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SECTION 3. 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 4. 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, 2023. |