H.B. No. 1959
AN ACT
relating to appeal of the 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
county clerk, city secretary, or city clerk certifies that the
location or address given in the application is not in a wet area or
refuses to issue the certification required by this section, the
applicant is entitled to a hearing before the county judge to
contest the certification or refusal to certify. The 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. 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
county clerk, city secretary, or city clerk certifies that the
location or address given in the application is not in a wet area or
refuses to issue the certification required by this section, the
applicant is entitled to a hearing before the county judge to
contest the certification or refusal to certify. The 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(d) and 61.37(d), Alcoholic
Beverage Code, as added by this Act, apply only to a certification
issued or a refusal to certify made by a county clerk, city
secretary, or city clerk on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1959 was passed by the House on May 3,
2011, by the following vote: Yeas 142, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1959 was passed by the Senate on May
24, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor