82R9725 AJA-F
By: Thompson H.B. No. 1959
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.