| 1 | 1 | | 86R17809 TYPED |
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| 2 | 2 | | By: Geren H.B. No. 3693 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to package store permits. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 22, Alcoholic Beverage Code, is amended |
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| 10 | 10 | | by adding a new Section 22.51 to read as follows: |
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| 11 | 11 | | Sec. 22.51. MORATORIUM AND LIMITATION ON THE ISSUANCE OF |
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| 12 | 12 | | NEW PACKAGE STORE PERMITS. The commission shall temporarily freeze |
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| 13 | 13 | | the number of package store permits issued in this state. The |
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| 14 | 14 | | commission shall adopt rules and regulations which prohibit |
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| 15 | 15 | | issuance of new package store permits in any county in which the |
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| 16 | 16 | | number of package store permits exceeds one per every 15,000 in |
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| 17 | 17 | | population according to the most recent federal census. The rules |
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| 18 | 18 | | shall include a procedure for issuance of new package store permits |
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| 19 | 19 | | by lottery in counties in which new package store permits are |
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| 20 | 20 | | authorized under this limit. The rules shall provide that a minimum |
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| 21 | 21 | | of 2 package store permits may be authorized in every county. The |
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| 22 | 22 | | rules shall provide that package store permits within a county |
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| 23 | 23 | | shall be grandfathered, and may be moved to a different location |
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| 24 | 24 | | within the same county. |
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| 25 | 25 | | SECTION 2. The changes in law made by this Act take effect |
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| 26 | 26 | | only if Section 22.16, Alcoholic Beverage Code, as that section |
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| 27 | 27 | | existed on May 1, 2019, is: |
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| 28 | 28 | | (1) repealed by an Act of the 86th Legislature, |
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| 29 | 29 | | Regular Session, 2019; or |
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| 30 | 30 | | (2) found invalid or unconstitutional by the supreme |
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| 31 | 31 | | court or a lower court and that finding is final and not appealable. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2019. |
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