| 1 | 1 | | 86R7520 JAM-D |
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| 2 | 2 | | By: Hall S.B. No. 699 |
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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 the certification of an area's wet or dry status for the |
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| 8 | 8 | | purpose of an alcoholic beverage permit or license. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 11.37(a), (b), and (d), Alcoholic |
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| 11 | 11 | | Beverage Code, are amended to read as follows: |
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| 12 | 12 | | (a) Not later than the 30th day after the date a prospective |
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| 13 | 13 | | applicant for a permit issued by the commission requests |
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| 14 | 14 | | certification, the [The] county clerk of the county in which the |
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| 15 | 15 | | request [an application for a permit] is made shall certify whether |
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| 16 | 16 | | the location or address given in the request [application] is in a |
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| 17 | 17 | | wet area and whether the sale of alcoholic beverages for which the |
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| 18 | 18 | | permit is sought is prohibited by any valid order of the |
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| 19 | 19 | | commissioners court. |
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| 20 | 20 | | (b) Not later than the 30th day after the date a prospective |
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| 21 | 21 | | applicant for a permit issued by the commission requests |
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| 22 | 22 | | certification, the [The] city secretary or clerk of the city in |
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| 23 | 23 | | which the request [an application for a permit] is made shall |
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| 24 | 24 | | certify whether the location or address given in the request |
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| 25 | 25 | | [application] is in a wet area and whether the sale of alcoholic |
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| 26 | 26 | | beverages for which the permit is sought is prohibited by charter or |
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| 27 | 27 | | ordinance. |
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| 28 | 28 | | (d) Notwithstanding any other provision of this code, if the |
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| 29 | 29 | | county clerk, city secretary, or city clerk certifies that the |
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| 30 | 30 | | location or address given in the request [application] is not in a |
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| 31 | 31 | | wet area or refuses to issue the certification required by this |
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| 32 | 32 | | section, the prospective applicant is entitled to a hearing before |
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| 33 | 33 | | the county judge to contest the certification or refusal to |
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| 34 | 34 | | certify. The prospective applicant must submit a written request |
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| 35 | 35 | | to the county judge for a hearing under this subsection. The |
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| 36 | 36 | | county judge shall conduct a hearing required by this subsection |
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| 37 | 37 | | not later than the 30th day after the date the county judge receives |
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| 38 | 38 | | the written request. |
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| 39 | 39 | | SECTION 2. Sections 61.37(a), (b), and (d), Alcoholic |
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| 40 | 40 | | Beverage Code, are amended to read as follows: |
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| 41 | 41 | | (a) Not later than the 30th day after the date a prospective |
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| 42 | 42 | | applicant for a license issued by the commission requests |
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| 43 | 43 | | certification, the [The] county clerk of the county in which the |
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| 44 | 44 | | request [an application for a license] is made shall certify |
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| 45 | 45 | | whether the location or address given in the request [application] |
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| 46 | 46 | | is in a wet area and whether the sale of alcoholic beverages for |
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| 47 | 47 | | which the license is sought is prohibited by any valid order of the |
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| 48 | 48 | | commissioners court. |
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| 49 | 49 | | (b) Not later than the 30th day after the date a prospective |
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| 50 | 50 | | applicant for a license issued by the commission requests |
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| 51 | 51 | | certification, the [The] city secretary or clerk of the city in |
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| 52 | 52 | | which the request [an application for a license] is made shall |
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| 53 | 53 | | certify whether the location or address given in the request |
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| 54 | 54 | | [application] is in a wet area and whether the sale of alcoholic |
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| 55 | 55 | | beverages for which the license is sought is prohibited by charter |
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| 56 | 56 | | or ordinance. |
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| 57 | 57 | | (d) Notwithstanding any other provision of this code, if the |
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| 58 | 58 | | county clerk, city secretary, or city clerk certifies that the |
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| 59 | 59 | | location or address given in the request [application] is not in a |
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| 60 | 60 | | wet area or refuses to issue the certification required by this |
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| 61 | 61 | | section, the prospective applicant is entitled to a hearing before |
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| 62 | 62 | | the county judge to contest the certification or refusal to |
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| 63 | 63 | | certify. The prospective applicant must submit a written request |
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| 64 | 64 | | to the county judge for a hearing under this subsection. The county |
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| 65 | 65 | | judge shall conduct a hearing required by this subsection not later |
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| 66 | 66 | | than the 30th day after the date the county judge receives the |
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| 67 | 67 | | written request. |
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| 68 | 68 | | SECTION 3. Sections 11.37 and 61.37, Alcoholic Beverage |
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| 69 | 69 | | Code, as amended by this Act, apply only to an application for a |
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| 70 | 70 | | permit or license received on or after the effective date of this |
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| 71 | 71 | | Act. An application for a permit or license received before the |
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| 72 | 72 | | effective date of this Act is governed by the law in effect |
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| 73 | 73 | | immediately before the effective date of this Act, and that law is |
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| 74 | 74 | | continued in effect for that purpose. |
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| 75 | 75 | | SECTION 4. This Act takes effect September 1, 2019. |
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