87R6969 MCF-D
By: Miles S.B. No. 752
A BILL TO BE ENTITLED
AN ACT
relating to standing to protest certain alcoholic beverage permit
and license applications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Section 11.431(a), Alcoholic Beverage
Code, as effective until September 1, 2021, is amended to read as
follows:
(a) A member of the public may protest an application for:
(1) an original mixed beverage permit, private club
registration permit, or wine and beer retailer's permit if a
sexually oriented business is to be operated on the premises to be
covered by the permit;
(2) any renewal of a mixed beverage permit, private
club registration permit, or wine and beer retailer's permit if a
sexually oriented business is to be operated on the premises to be
covered by the permit and a petition is presented to the commission
requesting a hearing which is signed by 50 percent of the residents
who reside within 1,000 [300] feet of any property line of the
affected premises;
(3) a private club registration permit or a permit
authorizing the retail sale of alcoholic beverages for on-premises
consumption if the person resides within 300 feet of any property
line of the premises for which the permit is sought; and
(4) a mixed beverage permit or a wine and beer
retailer's permit in a municipality with a population of 1,500,000
or more if:
(A) any point of the property line of the premise
is less than 300 feet from the nearest point on a property line of a
residence, church, school, hospital, day-care facility, or social
service facility, as measured in a straight line; and
(B) 75 percent or more of the permittee's actual
or anticipated gross revenue is from the sale of alcoholic
beverages.
(b) Section 11.431(a), Alcoholic Beverage Code, as
effective September 1, 2021, is amended to read as follows:
(a) A member of the public may protest an application for:
(1) an original mixed beverage permit, private club
registration permit, or wine and malt beverage retailer's permit if
a sexually oriented business is to be operated on the premises to be
covered by the permit;
(2) any renewal of a mixed beverage permit, private
club registration permit, or wine and malt beverage retailer's
permit if a sexually oriented business is to be operated on the
premises to be covered by the permit and a petition is presented to
the commission requesting a hearing which is signed by 50 percent of
the residents who reside within 1,000 [300] feet of any property
line of the affected premises;
(3) a private club registration permit or a permit
authorizing the retail sale of alcoholic beverages for on-premises
consumption if the person resides within 300 feet of any property
line of the premises for which the permit is sought; and
(4) a mixed beverage permit or a wine and malt beverage
retailer's permit in a municipality with a population of 1,500,000
or more if:
(A) any point of the property line of the premise
is less than 300 feet from the nearest point on a property line of a
residence, church, school, hospital, day-care facility, or social
service facility, as measured in a straight line; and
(B) 75 percent or more of the permittee's actual
or anticipated gross revenue is from the sale of alcoholic
beverages.
SECTION 2. Section 61.313(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) A member of the public may protest an application for:
(1) an original retail dealer's on-premise license if
a sexually oriented business is to be operated on the premises to be
covered by the license;
(2) any renewal of a retail dealer's on-premise
license if a sexually oriented business is to be operated on the
premises to be covered by the license and a petition is presented to
the commission that is signed by 50 percent of the residents who
reside within 1,000 [300] feet of any property line of the affected
premises; or
(3) a license authorizing the retail sale of malt
beverages for on-premises consumption if the person resides within
300 feet of any property line of the premises for which the license
is sought.
SECTION 3. The changes in law made by this Act apply to an
application for an alcoholic beverage permit or license filed on or
after the effective date of this Act or pending on the effective
date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.