82R1925 MCK-D
By: Quintanilla H.B. No. 616
A BILL TO BE ENTITLED
AN ACT
relating to local regulation of the possession and consumption of
alcoholic beverages on certain formerly licensed or permitted
premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage
Code, is amended by adding Section 109.37 to read as follows:
Sec. 109.37. POSSESSION OR CONSUMPTION OF ALCOHOLIC
BEVERAGES ON CERTAIN PREVIOUSLY LICENSED OR PERMITTED PREMISES.
(a) The commissioners court of a county may enact regulations
applicable in areas in the county outside an incorporated city or
town, and the governing board of an incorporated city or town may
enact regulations applicable in the city or town, that, subject to
this section, prohibit the possession or consumption of an
alcoholic beverage at a location that was previously licensed or
permitted to sell alcoholic beverages for on-premises consumption
if the commissioners court or governing board determines the
license or permit was:
(1) canceled for cause;
(2) denied renewal; or
(3) voluntarily canceled or expired before a hearing
after the commission had initiated action to cancel or suspend the
license or permit.
(b) A regulation enacted under Subsection (a) may prohibit
the possession or consumption of an alcoholic beverage at a
location for a period of not more than three years from the date the
permit or license was canceled or expired.
(c) The commissioners court of a county or the governing
board of a city or town that has enacted a regulation under
Subsection (a) may also allow variances to the regulation:
(1) if the commissioners court or governing body
determines that enforcement of the regulation in a particular
instance:
(A) is not in the best interest of the public;
(B) constitutes waste or inefficient use of land
or other resources;
(C) creates an undue hardship on an applicant for
a license or permit;
(D) does not serve its intended purpose; or
(E) is not effective or necessary; or
(2) for any other reason the court or governing board
determines is in the best interest of the community after
considering the health, safety, and welfare of the public and the
equities of the situation.
(d) A regulation adopted under this section does not limit
possession or consumption of alcoholic beverages at a location
under a new license or permit issued by the commission.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.