S.B. No. 1035

	AN ACT
	relating to alcoholic beverage license applications and fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 61.09, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 61.09.  CHANGE OF LOCATION. If a licensee desires to
	change the licensee's [his] place of business, the licensee [he]
	may do so by applying to the commission [county judge] on a form
	prescribed by the commission and obtaining the commission's [his]
	consent. The application may be subject to protest and hearing in
	the same way as an application for an original license. In the case
	of a required protest hearing, the [The] county judge may deny the
	application for any cause for which an original license application
	may be denied. No additional license fee for the unexpired term of
	the license shall be required in the case of an application for a
	change of location.
	SECTION 2.  Subsections (a), (b), and (c), Section 61.31,
	Alcoholic Beverage Code, are amended to read as follows:
	(a)  A person may file an application for a license to
	manufacture, distribute, store, or sell beer with the commission on
	forms prescribed by the commission.  On receipt of an application,
	the commission or administrator shall determine whether a protest
	has been filed against the application. If a protest against the
	application has been filed, the commission or administrator shall
	investigate the protest. If the commission or administrator finds
	that no reasonable grounds exist for the protest, or if no protest
	has been filed, the commission or administrator shall issue a
	license if the commission or administrator finds that all facts
	stated in the application are true and no legal ground to refuse a
	license exists. If the commission or administrator finds that
	reasonable grounds exist for the protest, the commission or
	administrator shall reject the protested application and require
	the applicant to file the application with the county judge of the
	county in which the applicant desires to conduct business and
	submit to a hearing [in termtime or vacation with the county judge
	of the county in which he desires to conduct business. He shall
	file the application in duplicate].
	(b)  The county judge shall set a protested [the] application
	for a hearing to be held not less than 5 nor more than 10 days after
	the date the county judge receives the protested application [is
	filed].
	(c)  Each applicant for an original license, other than a
	branch or temporary license, shall pay a hearing fee of $25 [$5] to
	the county clerk at the time of the hearing. The county clerk shall
	deposit the fee in the county treasury. The applicant is liable for
	no other fee except the annual license fee prescribed by this code.
	SECTION 3.  The heading to Section 61.32, Alcoholic Beverage
	Code, is amended to read as follows:
	Sec. 61.32.  PROTEST HEARING BY COUNTY JUDGE.
	SECTION 4.  Subsection (b), Section 61.32, Alcoholic
	Beverage Code, is amended to read as follows:
	(b)  If the county judge enters an order favorable to the
	applicant, the applicant shall present a copy of the order to the
	commission [assessor and collector of taxes of the county and pay
	that officer the appropriate license fee. The assessor and
	collector of taxes then shall report to the commission on a form
	prescribed by the commission, certifying that the application was
	approved and that all required fees have been paid and furnishing
	any other information the commission requires. The assessor and
	collector of taxes shall attach a copy of the original application
	to the report].
	SECTION 5.  Section 61.33, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 61.33.  ACTION BY COMMISSION OR ADMINISTRATOR AFTER
	PROTEST HEARING. (a)  On receiving an order [a report] from the
	county judge [assessor and collector of taxes] under Section
	61.32(b) [of this code], the commission or administrator shall
	issue the appropriate license if the commission or administrator
	finds that the applicant is entitled to a license. The license
	shall show the class of business the applicant is authorized to
	conduct, the amount of fees paid, the address of the place of
	business, the date the license is issued and the date it expires,
	and any other information the commission considers proper.
	(b)  The commission or administrator may refuse to issue a
	license after receiving the order from [report of] the county judge
	[assessor and collector of taxes] if the commission or
	administrator possesses information from which it is determined
	that any statement in the license application is false or
	misleading or that there is other legal reason why a license should
	not be issued. If the commission or administrator refuses to issue
	a license, the commission [it] or administrator [he] shall enter an
	order accordingly and the applicant is entitled to a refund of any
	license fee the applicant [he] paid [the assessor and collector of
	taxes] in connection with the application.
	SECTION 6.  Subsection (b), Section 61.34, Alcoholic
	Beverage Code, is amended to read as follows:
	(b)  If the judgment of the district court is in favor of the
	applicant, regardless of whether an appeal is taken, the applicant
	shall present a copy of the judgment [shall be presented] to the
	commission [assessor and collector of taxes of the county where the
	application was made. The assessor and collector of taxes shall
	accept the fees required by this code and proceed as provided under
	Section 61.32 of this code as if the county judge had approved the
	application].
	SECTION 7.  Section 61.35, Alcoholic Beverage Code, is
	amended by amending Subsections (b) and (d) and adding Subsection
	(e) to read as follows:
	(b)  All license fees, except those for temporary licenses,
	shall be deposited as provided in Section 205.02 [of this code].
	Each license application must be accompanied by a cashier's check,
	a teller's check, a check drawn on the account of a corporation
	applying for a license or on the account of a corporation that is an
	agent for the person applying for a license, a money order, or
	payment by credit card, charge card, or other electronic form of
	payment approved by commission rule for the amount of the state fee,
	payable to the order of the comptroller. [The assessor and
	collector of taxes shall make statements of the amounts collected
	by him under this code to the commission at the times and in the
	manner required by the commission or administrator.]
	(d)  The commissioner may not refund a license fee except
	when the [If a] licensee [engaged in selling beer] is prevented from
	continuing in business by a local option election or when an
	application for a license is rejected by the commission or
	administrator[, he is entitled to a refund of a proportionate
	amount of the license fees he has paid covering the unexpired term
	of his license]. As much of the proceeds from license fees [derived
	under the provisions of this subtitle] as is necessary may be
	appropriated for that purpose.
	(e)  The commission by rule shall establish a method for
	transmitting five percent of the license fee to the assessor and
	collector of taxes of the county in which the applicant's business
	is located.
	SECTION 8.  Section 61.38, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 61.38.  NOTICE OF APPLICATION. (a)  Every original
	applicant [When an application] for a license to manufacture, [or]
	distribute, or [beer is filed, the county clerk shall post at the
	courthouse door a written notice containing the substance of the
	application and the date set for hearing.
	[(b)     When an original application to sell beer at retail at
	a location previously licensed is filed, the county clerk shall
	post at the courthouse door a written notice containing the
	substance of the application and the date set for hearing.
	[(c)  When an original application to] sell beer at retail
	shall give notice of the application by electronic or nonelectronic
	publication at the applicant's own expense in [at a location not
	previously licensed is filed, the county clerk shall publish notice
	for] two consecutive issues of [in] a newspaper of general
	circulation published in the city or town in which the applicant's
	place of business is [to be] located. If no newspaper [of general
	circulation] is published in that city or town, the notice must
	[shall] be published in a newspaper of general circulation
	published in the county where the applicant's business is [to be]
	located. If no newspaper [of general circulation] is published in
	that county, the notice must [shall] be published in a qualified
	newspaper [which is] published in the closest neighboring county
	and [is] circulated in the county where the applicant's business is
	located [license is sought].
	(b)  The notice must [shall] be printed in 10-point boldface
	type and must include:
	(1)  [shall set forth] the type of license applied for;
	(2)  the exact location of the business for which the
	license is sought;
	(3)  the name of each [the] owner of the business and,
	if the business is operated under an assumed name, [or owners;] the
	trade name together with the name of each owner[, if operating under
	an assumed name]; and
	(4)  if [in] the [case of a corporate] applicant is a
	corporation, the names and titles of all officers [of the
	corporation].
	(c)  An applicant for a renewal license is not required to
	publish notice. [At the time the application is filed, the
	applicant shall deposit with the clerk the cost of publishing
	notice, which the clerk shall use to pay for the publication.]
	SECTION 9.  Subsection (c), Section 61.41, Alcoholic
	Beverage Code, is amended to read as follows:
	(c)  If the holder of the existing license has made a
	declaration required by the commission that the license holder will
	no longer use the license, the license holder may not manufacture or
	sell beer or possess it for the purpose of sale until the license
	has been reinstated.  The holder may apply to the commission [county
	judge] for the reinstatement of the license in the same manner and
	according to the same procedure as in the case of an original
	license application.  The county judge or the commission or
	administrator may deny reinstatement of the license for any cause
	for which an original license application may be denied.
	SECTION 10.  Section 61.48, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 61.48.  RENEWAL APPLICATION. An application to renew a
	license shall be filed with the commission [in writing with the
	assessor and collector of taxes of the county in which the licensed
	premises are located] no earlier than 30 days before the license
	expires but not after it expires. The application shall be signed
	by the applicant and shall contain complete information required by
	the commission showing that the applicant is not disqualified from
	holding a license. The application shall be accompanied by the
	appropriate license fee [plus a filing fee of $2. The assessor and
	collector of taxes shall deposit the $2 filing fee in the county
	treasury and shall account for it as a fee of office]. No applicant
	for a renewal may be required to pay any fee other than license fees
	and the filing fee unless the applicant [he] is required by the
	commission or administrator to submit to a renewal hearing before
	the county judge.
	SECTION 11.  Section 61.49, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 61.49.  ACTION ON RENEWAL APPLICATION BY [TRANSMITTED
	TO] COMMISSION; REFUND OF FEE. When the renewal application has
	been filed in accordance with Section 61.48 [of this code, the
	assessor and collector of taxes shall transmit to the commission
	the original copy of the application plus a certification that all
	required fees have been paid for the ensuing license period. On
	receiving the application and certification], the commission or
	administrator may in its discretion issue a renewal license or if an
	application for a renewal is protested reject the application and
	require the applicant to file an application with the county judge
	and submit to a hearing as is required by Section 61.31 [in the case
	of an original application]. [When an application for renewal is
	rejected, the applicant is entitled to a refund of any license fee
	that was paid to the assessor and collector of taxes at the time the
	renewal application was filed.]
	SECTION 12.  Subsection (a), Section 62.03, Alcoholic
	Beverage Code, is amended to read as follows:
	(a)  Except as provided by Section 62.14, each applicant for
	a manufacturer's license shall file with an application a sworn
	statement that the applicant will be engaged in the business of
	brewing and packaging beer in this state in quantities sufficient
	to make the applicant's operation a bona fide brewing manufacturer
	within three years of the issuance of the original license. If the
	applicant is a corporation, the statement must be signed by one of
	its principal officers. The commission, administrator, or county
	judge may not approve an application unless it is accompanied by the
	required sworn statement.
	SECTION 13.  Section 74.05, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 74.05.  STATEMENT OF INTENT. An applicant for a brewpub
	license shall file with the application a sworn statement that the
	applicant shall be engaged in the business of brewing and packaging
	malt liquor, ale, or beer in this state in quantities sufficient to
	operate a brewpub not later than six months after the date of
	issuance of the original license. If the applicant is a
	corporation, the statement must be signed by a principal corporate
	officer. The commission, administrator, or [A] county judge may
	not issue a brewpub license to an applicant who does not submit the
	required sworn statement with the application for a license.
	SECTION 14.  The change in law made by this Act applies only
	to a license application filed on or after the effective date of
	this Act.  A license application filed before the effective date of
	this Act is governed by the law as it existed immediately before the
	effective date of this Act, and that law is continued in effect for
	that purpose.
	SECTION 15.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1035 passed the Senate on
	April 11, 2013, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 22, 2013, by the
	following vote: Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1035 passed the House, with
	amendment, on May 17, 2013, by the following vote: Yeas 132,
	Nays 2, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor