Bill Text: TX HB616 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to local regulation of the possession and consumption of alcoholic beverages on certain formerly licensed or permitted premises.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-22 - Left pending in committee [HB616 Detail]
Download: Texas-2011-HB616-Introduced.html
82R1925 MCK-D | ||
By: Quintanilla | H.B. No. 616 |
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relating to local regulation of the possession and consumption of | ||
alcoholic beverages on certain formerly licensed or permitted | ||
premises. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage | ||
Code, is amended by adding Section 109.37 to read as follows: | ||
Sec. 109.37. POSSESSION OR CONSUMPTION OF ALCOHOLIC | ||
BEVERAGES ON CERTAIN PREVIOUSLY LICENSED OR PERMITTED PREMISES. | ||
(a) The commissioners court of a county may enact regulations | ||
applicable in areas in the county outside an incorporated city or | ||
town, and the governing board of an incorporated city or town may | ||
enact regulations applicable in the city or town, that, subject to | ||
this section, prohibit the possession or consumption of an | ||
alcoholic beverage at a location that was previously licensed or | ||
permitted to sell alcoholic beverages for on-premises consumption | ||
if the commissioners court or governing board determines the | ||
license or permit was: | ||
(1) canceled for cause; | ||
(2) denied renewal; or | ||
(3) voluntarily canceled or expired before a hearing | ||
after the commission had initiated action to cancel or suspend the | ||
license or permit. | ||
(b) A regulation enacted under Subsection (a) may prohibit | ||
the possession or consumption of an alcoholic beverage at a | ||
location for a period of not more than three years from the date the | ||
permit or license was canceled or expired. | ||
(c) The commissioners court of a county or the governing | ||
board of a city or town that has enacted a regulation under | ||
Subsection (a) may also allow variances to the regulation: | ||
(1) if the commissioners court or governing body | ||
determines that enforcement of the regulation in a particular | ||
instance: | ||
(A) is not in the best interest of the public; | ||
(B) constitutes waste or inefficient use of land | ||
or other resources; | ||
(C) creates an undue hardship on an applicant for | ||
a license or permit; | ||
(D) does not serve its intended purpose; or | ||
(E) is not effective or necessary; or | ||
(2) for any other reason the court or governing board | ||
determines is in the best interest of the community after | ||
considering the health, safety, and welfare of the public and the | ||
equities of the situation. | ||
(d) A regulation adopted under this section does not limit | ||
possession or consumption of alcoholic beverages at a location | ||
under a new license or permit issued by the commission. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |