Bill Text: TX HB407 | 2011-2012 | 82nd Legislature | Comm Sub

Texas House Bill 407 (Prior Session Legislation)

Bill Title: Relating to the grounds for a hearing concerning action on certain alcoholic beverage permits and licenses.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-05-06 - Considered in Calendars [HB407 Detail]

Download: Texas-2011-HB407-Comm_Sub.html

	82R16578 MCK-D

	By: Quintanilla	H.B. No. 407

	Substitute the following for H.B. No. 407:

	By: Driver	C.S.H.B. No. 407



	A BILL TO BE ENTITLED
	AN ACT
	relating to the grounds for a hearing concerning action on certain
	alcoholic beverage permits and licenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage
	Code, is amended by adding Section 11.614 to read as follows:
	Sec. 11.614. REQUEST TO TAKE ACTION ON PERMIT. (a) On
	receipt by the commission of a petition or resolution under this
	section, the commission or the administrator shall notify a person
	permitted to sell alcoholic beverages for on-premises consumption
	of the commission's intent to initiate a hearing under this section
	with the State Office of Administrative Hearings concerning
	possible action on the person's permit.
	(b) A petition for a hearing under this section must be
	signed by at least 15 homeowners or tenants who reside on property
	having boundaries within 200 feet of the property line of the
	permitted premises.
	(c) A resolution requesting a hearing under this section may
	be adopted by majority vote of a neighborhood association of a
	neighborhood:
	(1) having boundaries within 200 feet of the property
	line of the permitted premises; and
	(2) containing property primarily used for
	residential purposes having boundaries within 200 feet of the
	property line of the permitted premises.
	(d) A petition or resolution under this section must be
	submitted to the commission with a statement from the individuals
	submitting the petition or from the neighborhood association that
	adopted the resolution that alleges that the permit holder is using
	or allowing others to use the permitted premises in a manner that
	constitutes a common nuisance, as defined by Section 125.001, Civil
	Practice and Remedies Code, or by Section 101.70(a) of this code.
	(e) After the commission receives a petition or resolution
	under this section, the State Office of Administrative Hearings
	shall attempt to mediate a resolution between the residents and the
	permit holder.
	(f) If the State Office of Administrative Hearings is not
	able to resolve the dispute, the State Office of Administrative
	Hearings shall determine whether to take further action on the
	petition or resolution, including issuing a temporary injunction or
	requiring the permit holder to employ an off-duty peace officer to
	provide security for the permitted premises for a period of six
	months.
	(g) If the permit holder violates a temporary injunction
	issued under this section, the commission or administrator may
	suspend or cancel the permit holder's permit.
	(h) This section does not apply to a permit issued to the
	holder of a food and beverage certificate.
	SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage
	Code, is amended by adding Section 61.722 to read as follows:
	Sec. 61.722. REQUEST TO TAKE ACTION ON LICENSE. (a) On
	receipt by the commission of a petition or resolution under this
	section, the commission or the administrator shall notify a person
	licensed to sell alcoholic beverages for on-premises consumption of
	the commission's intent to initiate a hearing under this section
	with the State Office of Administrative Hearings concerning
	possible action on the person's license.
	(b) A petition for a hearing under this section must be
	signed by at least 15 homeowners or tenants who reside on property
	having boundaries within 200 feet of the property line of the
	licensed premises.
	(c) A resolution requesting a hearing under this section may
	be adopted by majority vote of a neighborhood association of a
	neighborhood:
	(1) having boundaries within 200 feet of the property
	line of the licensed premises; and
	(2) containing property primarily used for
	residential purposes having boundaries within 200 feet of the
	property line of the licensed premises.
	(d) A petition or resolution under this section must be
	submitted to the commission with a statement from the individuals
	submitting the petition or from the neighborhood association that
	adopted the resolution that alleges that the license holder is
	using or allowing others to use the licensed premises in a manner
	that constitutes a common nuisance, as defined by Section 125.001,
	Civil Practice and Remedies Code, or by Section 101.70(a) of this
	code.
	(e) After the commission receives a petition or resolution
	under this section, the State Office of Administrative Hearings
	shall attempt to mediate a resolution between the residents and the
	license holder.
	(f) If the State Office of Administrative Hearings is not
	able to resolve the dispute, the State Office of Administrative
	Hearings shall determine whether to take further action on the
	petition or resolution, including issuing a temporary injunction or
	requiring the license holder to employ an off-duty peace officer to
	provide security for the licensed premises for a period of six
	months.
	(g) If the license holder violates a temporary injunction
	issued under this section, the commission or administrator may
	suspend or cancel the license holder's license.
	(h) This section does not apply to a license issued to the
	holder of a food and beverage certificate.
	SECTION 3. This Act takes effect September 1, 2011.