Texas House Bill HB1959

Texas 2011 - 82nd Regular

• Introduced: 3/1/11
• Out of House Committee: 4/26/11
• Voted on by House: 5/4/11
• Refer: 3/7/11
• Out of Senate Committee: 5/18/11
• Report Pass: 4/12/11
• Voted on by Senate: 5/24/11
• Engrossed: 5/4/11
• Governor Action: 6/17/11
• Refer: 5/5/11
• Report Pass: 5/18/11
• Enrolled: 5/24/11
• Passed: 6/17/11

Caption

Relating to appeal of the certification of an area's wet or dry status.

Impact

The passage of HB1959 would enhance the rights of applicants wishing to sell alcohol in designated areas by providing them a formal channel to contest unfavorable certifications. This ensures that applicants who believe they qualify as being within a wet area can challenge local determinations that may impede their business interests. Ultimately, this could lead to increased opportunities for business in areas traditionally restricted from alcohol sales, fostering economic activity.

Summary

House Bill 1959 introduces provisions regarding the appeal process for certification of an area's wet or dry status concerning the sale of alcoholic beverages. The bill amends the Alcoholic Beverage Code by establishing that if a county clerk, city secretary, or city clerk refuses to certify an application claiming a location is within a wet area, the applicant has the right to contest this denial. This process is facilitated by allowing applicants to request a hearing before the county judge, which must occur within 30 days of the request.

Contention

A notable point of contention related to this bill lies in the authority it grants to county judges within the certification process. Critics may argue that empowering judges to adjudicate on these matters could complicate the existing framework and result in inconsistent outcomes across jurisdictions. Supporters, however, assert that the bill simply provides a necessary procedural safeguard for applicants, ensuring fair treatment and transparency in the certification process for alcohol-related businesses.