H.B. No. 1443
AN ACT
relating to the certification of an area's wet or dry status for the
purpose of an alcoholic beverage permit or license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.37(a), (b), and (d), Alcoholic
Beverage Code, are amended to read as follows:
(a) Not later than the 30th day after the date a prospective
applicant for a permit issued by the commission requests
certification, the [The] county clerk of the county in which the
request [an application for a permit] is made shall certify whether
the location or address given in the request [application] is in a
wet area and whether the sale of alcoholic beverages for which the
permit is sought is prohibited by any valid order of the
commissioners court.
(b) Not later than the 30th day after the date a prospective
applicant for a permit issued by the commission requests
certification, the [The] city secretary or clerk of the city in
which the request [an application for a permit] is made shall
certify whether the location or address given in the request
[application] is in a wet area and whether the sale of alcoholic
beverages for which the permit is sought is prohibited by charter or
ordinance.
(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 request [application] is not in a
wet area or refuses to issue the certification required by this
section, the prospective applicant is entitled to a hearing before
the county judge to contest the certification or refusal to
certify. The prospective 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. Sections 61.37(a), (b), and (d), Alcoholic
Beverage Code, are amended to read as follows:
(a) Not later than the 30th day after the date a prospective
applicant for a license issued by the commission requests
certification, the [The] county clerk of the county in which the
request [an application for a license] is made shall certify
whether the location or address given in the request [application]
is in a wet area and whether the sale of alcoholic beverages for
which the license is sought is prohibited by any valid order of the
commissioners court.
(b) Not later than the 30th day after the date a prospective
applicant for a license issued by the commission requests
certification, the [The] city secretary or clerk of the city in
which the request [an application for a license] is made shall
certify whether the location or address given in the request
[application] is in a wet area and whether the sale of alcoholic
beverages for which the license is sought is prohibited by charter
or ordinance.
(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 request [application] is not in a
wet area or refuses to issue the certification required by this
section, the prospective applicant is entitled to a hearing before
the county judge to contest the certification or refusal to
certify. The prospective 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 and 61.37, Alcoholic Beverage
Code, as amended by this Act, apply only to an application for a
permit or license received on or after the effective date of this
Act. An application for a permit or license received before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1443 was passed by the House on April
26, 2019, by the following vote: Yeas 137, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1443 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor