| 1 | 1 | | By: Thompson (Senate Sponsor - Carona) H.B. No. 1959 |
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| 2 | 2 | | (In the Senate - Received from the House May 4, 2011; |
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| 3 | 3 | | May 5, 2011, read first time and referred to Committee on Business |
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| 4 | 4 | | and Commerce; May 18, 2011, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 8, Nays 0; May 18, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to appeal of the certification of an area's wet or dry |
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| 11 | 11 | | status. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 11.37, Alcoholic Beverage Code, is |
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| 14 | 14 | | amended by adding Subsection (d) to read as follows: |
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| 15 | 15 | | (d) Notwithstanding any other provision of this code, if the |
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| 16 | 16 | | county clerk, city secretary, or city clerk certifies that the |
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| 17 | 17 | | location or address given in the application is not in a wet area or |
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| 18 | 18 | | refuses to issue the certification required by this section, the |
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| 19 | 19 | | applicant is entitled to a hearing before the county judge to |
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| 20 | 20 | | contest the certification or refusal to certify. The applicant |
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| 21 | 21 | | must submit a written request to the county judge for a hearing |
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| 22 | 22 | | under this subsection. The county judge shall conduct a hearing |
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| 23 | 23 | | required by this subsection not later than the 30th day after the |
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| 24 | 24 | | date the county judge receives the written request. |
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| 25 | 25 | | SECTION 2. Section 61.37, Alcoholic Beverage Code, is |
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| 26 | 26 | | amended by adding Subsection (d) to read as follows: |
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| 27 | 27 | | (d) Notwithstanding any other provision of this code, if the |
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| 28 | 28 | | county clerk, city secretary, or city clerk certifies that the |
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| 29 | 29 | | location or address given in the application is not in a wet area or |
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| 30 | 30 | | refuses to issue the certification required by this section, the |
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| 31 | 31 | | applicant is entitled to a hearing before the county judge to |
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| 32 | 32 | | contest the certification or refusal to certify. The applicant |
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| 33 | 33 | | must submit a written request to the county judge for a hearing |
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| 34 | 34 | | under this subsection. The county judge shall conduct a hearing |
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| 35 | 35 | | required by this subsection not later than the 30th day after the |
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| 36 | 36 | | date the county judge receives the written request. |
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| 37 | 37 | | SECTION 3. Sections 11.37(d) and 61.37(d), Alcoholic |
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| 38 | 38 | | Beverage Code, as added by this Act, apply only to a certification |
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| 39 | 39 | | issued or a refusal to certify made by a county clerk, city |
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| 40 | 40 | | secretary, or city clerk on or after the effective date of this Act. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 42 | 42 | | * * * * * |
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