Texas 2019 - 86th Regular

Texas House Bill HB1443 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1443
	1	+	By: Thompson of Harris (Senate Sponsor - Hall) H.B. No. 1443
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 6, 2019, reported favorably by the
	5	+	following vote: Yeas 8, Nays 0; May 6, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the certification of an area's wet or dry status for the
6	12		purpose of an alcoholic beverage permit or license.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Sections 11.37(a), (b), and (d), Alcoholic
9	15		Beverage Code, are amended to read as follows:
10	16		(a) Not later than the 30th day after the date a prospective
11	17		applicant for a permit issued by the commission requests
12	18		certification, the [The] county clerk of the county in which the
13	19		request [an application for a permit] is made shall certify whether
14	20		the location or address given in the request [application] is in a
15	21		wet area and whether the sale of alcoholic beverages for which the
16	22		permit is sought is prohibited by any valid order of the
17	23		commissioners court.
18	24		(b) Not later than the 30th day after the date a prospective
19	25		applicant for a permit issued by the commission requests
20	26		certification, the [The] city secretary or clerk of the city in
21	27		which the request [an application for a permit] is made shall
22	28		certify whether the location or address given in the request
23	29		[application] is in a wet area and whether the sale of alcoholic
24	30		beverages for which the permit is sought is prohibited by charter or
25	31		ordinance.
26	32		(d) Notwithstanding any other provision of this code, if the
27	33		county clerk, city secretary, or city clerk certifies that the
28	34		location or address given in the request [application] is not in a
29	35		wet area or refuses to issue the certification required by this
30	36		section, the prospective applicant is entitled to a hearing before
31	37		the county judge to contest the certification or refusal to
32	38		certify. The prospective applicant must submit a written request
33	39		to the county judge for a hearing under this subsection. The
34	40		county judge shall conduct a hearing required by this subsection
35	41		not later than the 30th day after the date the county judge receives
36	42		the written request.
37	43		SECTION 2. Sections 61.37(a), (b), and (d), Alcoholic
38	44		Beverage Code, are amended to read as follows:
39	45		(a) Not later than the 30th day after the date a prospective
40	46		applicant for a license issued by the commission requests
41	47		certification, the [The] county clerk of the county in which the
42	48		request [an application for a license] is made shall certify
43	49		whether the location or address given in the request [application]
44	50		is in a wet area and whether the sale of alcoholic beverages for
45	51		which the license is sought is prohibited by any valid order of the
46	52		commissioners court.
47	53		(b) Not later than the 30th day after the date a prospective
48	54		applicant for a license issued by the commission requests
49	55		certification, the [The] city secretary or clerk of the city in
50	56		which the request [an application for a license] is made shall
51	57		certify whether the location or address given in the request
52	58		[application] is in a wet area and whether the sale of alcoholic
53	59		beverages for which the license is sought is prohibited by charter
54	60		or ordinance.
55	61		(d) Notwithstanding any other provision of this code, if the
56	62		county clerk, city secretary, or city clerk certifies that the
57	63		location or address given in the request [application] is not in a
58	64		wet area or refuses to issue the certification required by this
59	65		section, the prospective applicant is entitled to a hearing before
60	66		the county judge to contest the certification or refusal to
61	67		certify. The prospective applicant must submit a written request
62	68		to the county judge for a hearing under this subsection. The county
63	69		judge shall conduct a hearing required by this subsection not later
64	70		than the 30th day after the date the county judge receives the
65	71		written request.
66	72		SECTION 3. Sections 11.37 and 61.37, Alcoholic Beverage
67	73		Code, as amended by this Act, apply only to an application for a
68	74		permit or license received on or after the effective date of this
69	75		Act. An application for a permit or license received before the
70	76		effective date of this Act is governed by the law in effect
71	77		immediately before the effective date of this Act, and that law is
72	78		continued in effect for that purpose.
73	79		SECTION 4. This Act takes effect September 1, 2019.
74		-	______________________________ ______________________________
75		-	President of the Senate Speaker of the House
76		-	I certify that H.B. No. 1443 was passed by the House on April
77		-	26, 2019, by the following vote: Yeas 137, Nays 2, 2 present, not
78		-	voting.
79		-	______________________________
80		-	Chief Clerk of the House
81		-	I certify that H.B. No. 1443 was passed by the Senate on May
82		-	15, 2019, by the following vote: Yeas 31, Nays 0.
83		-	______________________________
84		-	Secretary of the Senate
85		-	APPROVED: _____________________
86		-	Date
87		-	_____________________
88		-	Governor
	80	+	* * * * *