Texas 2023 - 88th Regular

Texas House Bill HB3932 Compare Versions

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1	1	88R13737 MPF-D
2	2	By: Jones of Harris H.B. No. 3932
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority to issue and required notice for certain
8	8	alcoholic beverage permit applications.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage
11	11	Code, is amended by adding Sections 11.394 and 11.445 to read as
12	12	follows:
13	13	Sec. 11.394. NOTICE OF CERTAIN PERMIT APPLICATIONS IN
14	14	MUNICIPALITIES WITH POPULATION OF MORE THAN TWO MILLION. (a) This
15	15	section applies only to a premises located in a municipality that
16	16	has not adopted zoning regulations and has a population of more than
17	17	two million.
18	18	(b) A person who submits an original application for a
19	19	permit authorizing the sale of alcoholic beverages for on-premises
20	20	consumption shall give written notice of the application by
21	21	certified mail, return receipt requested, to each:
22	22	(1) organization working to maintain or improve the
23	23	general welfare of a neighborhood located within 2,000 feet of any
24	24	property line of the premises for which the permit is sought,
25	25	including a homeowners' association or a property owners'
26	26	association, a super neighborhood organization and any subsidiary
27	27	association or organization of the super neighborhood
28	28	organization, and a civic association;
29	29	(2) person who owns property located within 2,000 feet
30	30	of any property line of the premises for which the permit is sought;
31	31	and
32	32	(3) each state and local elected official who
33	33	represents any part of the area that is located within 2,000 feet of
34	34	any property line of the premises for which the permit is sought,
35	35	including state senators, state representatives, municipal
36	36	officials, and county officials.
37	37	(c) The commission shall hold a public hearing on the permit
38	38	application at a publicly accessible location and at a time
39	39	reasonably accessible to residents located within 2,000 feet of any
40	40	property line of the premises. The commission shall allow public
41	41	testimony on the application at the hearing and accept written
42	42	testimony on the application.
43	43	(d) Notwithstanding Section 11.391, an applicant for a
44	44	permit issued under this code authorizing the sale of alcoholic
45	45	beverages for on-premises consumption must, not later than the 60th
46	46	day before the date the permit is issued, prominently post an
47	47	outdoor sign stating that alcoholic beverages are intended to be
48	48	served on the premises, the type of permit, the hours of sale, and
49	49	the name and business address of the applicant. The sign must be:
50	50	(1) at least five feet by five feet;
51	51	(2) written in:
52	52	(A) lettering at least two inches in height; and
53	53	(B) English and a language other than English if
54	54	the commissioner determines it is likely that a substantial number
55	55	of the residents in the area speak a language other than English as
56	56	their familiar language; and
57	57	(3) posted at:
58	58	(A) the premises for which the permit is sought;
59	59	and
60	60	(B) any entrance to a residential neighborhood
61	61	located within 2,000 feet of any property line of the premises.
62	62	(e) The applicant is responsible for the costs incurred in
63	63	complying with the requirements of this section.
64	64	Sec. 11.445. PERSON INELIGIBLE FOR PERMIT OR LICENSE. (a)
65	65	This section applies only to a premises located in a municipality
66	66	that has not adopted zoning regulations and has a population of more
67	67	than two million.
68	68	(b) Any person who is convicted of an offense for selling
69	69	alcoholic beverages without a permit or license may not be issued a
70	70	permit or license under this code before the second anniversary of
71	71	the date the conviction becomes final.
72	72	SECTION 2. Section 11.394, Alcoholic Beverage Code, as
73	73	added by this Act, applies only to an application for an alcoholic
74	74	beverage permit filed on or after the effective date of this Act.
75	75	An application for an alcoholic beverage permit filed before the
76	76	effective date of this Act is governed by the law in effect on the
77	77	date the application is filed, and the former law is continued in
78	78	effect for that purpose.
79	79	SECTION 3. This Act takes effect September 1, 2023.