82R16578 MCK-D
By: Quintanilla H.B. No. 407
Substitute the following for H.B. No. 407:
By: Driver C.S.H.B. No. 407
A BILL TO BE ENTITLED
AN ACT
relating to the grounds for a hearing concerning action on certain
alcoholic beverage permits and licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.614 to read as follows:
Sec. 11.614. REQUEST TO TAKE ACTION ON PERMIT. (a) On
receipt by the commission of a petition or resolution under this
section, the commission or the administrator shall notify a person
permitted to sell alcoholic beverages for on-premises consumption
of the commission's intent to initiate a hearing under this section
with the State Office of Administrative Hearings concerning
possible action on the person's permit.
(b) A petition for a hearing under this section must be
signed by at least 15 homeowners or tenants who reside on property
having boundaries within 200 feet of the property line of the
permitted premises.
(c) A resolution requesting a hearing under this section may
be adopted by majority vote of a neighborhood association of a
neighborhood:
(1) having boundaries within 200 feet of the property
line of the permitted premises; and
(2) containing property primarily used for
residential purposes having boundaries within 200 feet of the
property line of the permitted premises.
(d) A petition or resolution under this section must be
submitted to the commission with a statement from the individuals
submitting the petition or from the neighborhood association that
adopted the resolution that alleges that the permit holder is using
or allowing others to use the permitted premises in a manner that
constitutes a common nuisance, as defined by Section 125.001, Civil
Practice and Remedies Code, or by Section 101.70(a) of this code.
(e) After the commission receives a petition or resolution
under this section, the State Office of Administrative Hearings
shall attempt to mediate a resolution between the residents and the
permit holder.
(f) If the State Office of Administrative Hearings is not
able to resolve the dispute, the State Office of Administrative
Hearings shall determine whether to take further action on the
petition or resolution, including issuing a temporary injunction or
requiring the permit holder to employ an off-duty peace officer to
provide security for the permitted premises for a period of six
months.
(g) If the permit holder violates a temporary injunction
issued under this section, the commission or administrator may
suspend or cancel the permit holder's permit.
(h) This section does not apply to a permit issued to the
holder of a food and beverage certificate.
SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.722 to read as follows:
Sec. 61.722. REQUEST TO TAKE ACTION ON LICENSE. (a) On
receipt by the commission of a petition or resolution under this
section, the commission or the administrator shall notify a person
licensed to sell alcoholic beverages for on-premises consumption of
the commission's intent to initiate a hearing under this section
with the State Office of Administrative Hearings concerning
possible action on the person's license.
(b) A petition for a hearing under this section must be
signed by at least 15 homeowners or tenants who reside on property
having boundaries within 200 feet of the property line of the
licensed premises.
(c) A resolution requesting a hearing under this section may
be adopted by majority vote of a neighborhood association of a
neighborhood:
(1) having boundaries within 200 feet of the property
line of the licensed premises; and
(2) containing property primarily used for
residential purposes having boundaries within 200 feet of the
property line of the licensed premises.
(d) A petition or resolution under this section must be
submitted to the commission with a statement from the individuals
submitting the petition or from the neighborhood association that
adopted the resolution that alleges that the license holder is
using or allowing others to use the licensed premises in a manner
that constitutes a common nuisance, as defined by Section 125.001,
Civil Practice and Remedies Code, or by Section 101.70(a) of this
code.
(e) After the commission receives a petition or resolution
under this section, the State Office of Administrative Hearings
shall attempt to mediate a resolution between the residents and the
license holder.
(f) If the State Office of Administrative Hearings is not
able to resolve the dispute, the State Office of Administrative
Hearings shall determine whether to take further action on the
petition or resolution, including issuing a temporary injunction or
requiring the license holder to employ an off-duty peace officer to
provide security for the licensed premises for a period of six
months.
(g) If the license holder violates a temporary injunction
issued under this section, the commission or administrator may
suspend or cancel the license holder's license.
(h) This section does not apply to a license issued to the
holder of a food and beverage certificate.
SECTION 3. This Act takes effect September 1, 2011.