88R13737 MPF-D
By: Jones of Harris H.B. No. 3932
A BILL TO BE ENTITLED
AN ACT
relating to the authority to issue and required notice for certain
alcoholic beverage permit applications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage
Code, is amended by adding Sections 11.394 and 11.445 to read as
follows:
Sec. 11.394. NOTICE OF CERTAIN PERMIT APPLICATIONS IN
MUNICIPALITIES WITH POPULATION OF MORE THAN TWO MILLION. (a) This
section applies only to a premises located in a municipality that
has not adopted zoning regulations and has a population of more than
two million.
(b) A person who submits an original application for a
permit authorizing the sale of alcoholic beverages for on-premises
consumption shall give written notice of the application by
certified mail, return receipt requested, to each:
(1) organization working to maintain or improve the
general welfare of a neighborhood located within 2,000 feet of any
property line of the premises for which the permit is sought,
including a homeowners' association or a property owners'
association, a super neighborhood organization and any subsidiary
association or organization of the super neighborhood
organization, and a civic association;
(2) person who owns property located within 2,000 feet
of any property line of the premises for which the permit is sought;
and
(3) each state and local elected official who
represents any part of the area that is located within 2,000 feet of
any property line of the premises for which the permit is sought,
including state senators, state representatives, municipal
officials, and county officials.
(c) The commission shall hold a public hearing on the permit
application at a publicly accessible location and at a time
reasonably accessible to residents located within 2,000 feet of any
property line of the premises. The commission shall allow public
testimony on the application at the hearing and accept written
testimony on the application.
(d) Notwithstanding Section 11.391, an applicant for a
permit issued under this code authorizing the sale of alcoholic
beverages for on-premises consumption must, not later than the 60th
day before the date the permit is issued, prominently post an
outdoor sign stating that alcoholic beverages are intended to be
served on the premises, the type of permit, the hours of sale, and
the name and business address of the applicant. The sign must be:
(1) at least five feet by five feet;
(2) written in:
(A) lettering at least two inches in height; and
(B) English and a language other than English if
the commissioner determines it is likely that a substantial number
of the residents in the area speak a language other than English as
their familiar language; and
(3) posted at:
(A) the premises for which the permit is sought;
and
(B) any entrance to a residential neighborhood
located within 2,000 feet of any property line of the premises.
(e) The applicant is responsible for the costs incurred in
complying with the requirements of this section.
Sec. 11.445. PERSON INELIGIBLE FOR PERMIT OR LICENSE. (a)
This section applies only to a premises located in a municipality
that has not adopted zoning regulations and has a population of more
than two million.
(b) Any person who is convicted of an offense for selling
alcoholic beverages without a permit or license may not be issued a
permit or license under this code before the second anniversary of
the date the conviction becomes final.
SECTION 2. Section 11.394, Alcoholic Beverage Code, as
added by this Act, applies only to an application for an alcoholic
beverage permit filed on or after the effective date of this Act.
An application for an alcoholic beverage permit filed before the
effective date of this Act is governed by the law in effect on the
date the application is filed, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.