Bill Text: TX HB3932 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority to issue and required notice for certain alcoholic beverage permit applications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Licensing & Administrative Procedures [HB3932 Detail]
Download: Texas-2023-HB3932-Introduced.html
88R13737 MPF-D | ||
By: Jones of Harris | H.B. No. 3932 |
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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. |