By: Thompson (Senate Sponsor - Carona) H.B. No. 1959
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on Business
and Commerce; May 18, 2011, reported favorably by the following
vote: Yeas 8, Nays 0; May 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
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.
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