Texas 2021 - 87th Regular

Texas Senate Bill SB752 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6969 MCF-D
2	2	By: Miles S.B. No. 752
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to standing to protest certain alcoholic beverage permit
8	8	and license applications.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) Section 11.431(a), Alcoholic Beverage
11	11	Code, as effective until September 1, 2021, is amended to read as
12	12	follows:
13	13	(a) A member of the public may protest an application for:
14	14	(1) an original mixed beverage permit, private club
15	15	registration permit, or wine and beer retailer's permit if a
16	16	sexually oriented business is to be operated on the premises to be
17	17	covered by the permit;
18	18	(2) any renewal of a mixed beverage permit, private
19	19	club registration permit, or wine and beer retailer's permit if a
20	20	sexually oriented business is to be operated on the premises to be
21	21	covered by the permit and a petition is presented to the commission
22	22	requesting a hearing which is signed by 50 percent of the residents
23	23	who reside within 1,000 [300] feet of any property line of the
24	24	affected premises;
25	25	(3) a private club registration permit or a permit
26	26	authorizing the retail sale of alcoholic beverages for on-premises
27	27	consumption if the person resides within 300 feet of any property
28	28	line of the premises for which the permit is sought; and
29	29	(4) a mixed beverage permit or a wine and beer
30	30	retailer's permit in a municipality with a population of 1,500,000
31	31	or more if:
32	32	(A) any point of the property line of the premise
33	33	is less than 300 feet from the nearest point on a property line of a
34	34	residence, church, school, hospital, day-care facility, or social
35	35	service facility, as measured in a straight line; and
36	36	(B) 75 percent or more of the permittee's actual
37	37	or anticipated gross revenue is from the sale of alcoholic
38	38	beverages.
39	39	(b) Section 11.431(a), Alcoholic Beverage Code, as
40	40	effective September 1, 2021, is amended to read as follows:
41	41	(a) A member of the public may protest an application for:
42	42	(1) an original mixed beverage permit, private club
43	43	registration permit, or wine and malt beverage retailer's permit if
44	44	a sexually oriented business is to be operated on the premises to be
45	45	covered by the permit;
46	46	(2) any renewal of a mixed beverage permit, private
47	47	club registration permit, or wine and malt beverage retailer's
48	48	permit if a sexually oriented business is to be operated on the
49	49	premises to be covered by the permit and a petition is presented to
50	50	the commission requesting a hearing which is signed by 50 percent of
51	51	the residents who reside within 1,000 [300] feet of any property
52	52	line of the affected premises;
53	53	(3) a private club registration permit or a permit
54	54	authorizing the retail sale of alcoholic beverages for on-premises
55	55	consumption if the person resides within 300 feet of any property
56	56	line of the premises for which the permit is sought; and
57	57	(4) a mixed beverage permit or a wine and malt beverage
58	58	retailer's permit in a municipality with a population of 1,500,000
59	59	or more if:
60	60	(A) any point of the property line of the premise
61	61	is less than 300 feet from the nearest point on a property line of a
62	62	residence, church, school, hospital, day-care facility, or social
63	63	service facility, as measured in a straight line; and
64	64	(B) 75 percent or more of the permittee's actual
65	65	or anticipated gross revenue is from the sale of alcoholic
66	66	beverages.
67	67	SECTION 2. Section 61.313(a), Alcoholic Beverage Code, is
68	68	amended to read as follows:
69	69	(a) A member of the public may protest an application for:
70	70	(1) an original retail dealer's on-premise license if
71	71	a sexually oriented business is to be operated on the premises to be
72	72	covered by the license;
73	73	(2) any renewal of a retail dealer's on-premise
74	74	license if a sexually oriented business is to be operated on the
75	75	premises to be covered by the license and a petition is presented to
76	76	the commission that is signed by 50 percent of the residents who
77	77	reside within 1,000 [300] feet of any property line of the affected
78	78	premises; or
79	79	(3) a license authorizing the retail sale of malt
80	80	beverages for on-premises consumption if the person resides within
81	81	300 feet of any property line of the premises for which the license
82	82	is sought.
83	83	SECTION 3. The changes in law made by this Act apply to an
84	84	application for an alcoholic beverage permit or license filed on or
85	85	after the effective date of this Act or pending on the effective
86	86	date of this Act.
87	87	SECTION 4. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2021.