HBA-NLM, TYH C.S.H.B. 3598 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3598 By: McClendon Land & Resource Management 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE When notifications for proposed business establishments or development projects are posted in a timely manner, a neighborhood organization can contest and raise concerns regarding the proposal before construction of the proposed business establishments or development projects begin. However, Texas law does not presently provide for a uniform procedure for notifying local authorities and residents of proposals for new land use. The current notification process has sometimes been ineffective and some communities do not discover the existence of new development projects or businesses until projects are well underway. C.S.H.B. 3598 amends the current notification process to better inform the general public of the intended use of property. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11.391, Alcoholic Beverage Code, as follows: Sec. 11.391. NOTICE BY SIGN. (a) Requires an applicant for a permit issued under this code, rather than an applicant for a mixed beverage permit or a private club registration permit, for a location not previously licensed for the on-premises consumption of alcoholic beverages to, not later than the 60th day before the date the application is filed, rather than on the dates notice is required to be published under Section 11.39 (Applicant to Publish Notice), prominently post an outdoor sign at the location stating that alcoholic beverages are intended to be served on the premises, the type of permit, and the name and business address of the applicant. (b) Provides that the sign must be at least 24 by 36 inches in size and must be written in lettering at least two inches in size, rather than requires the sign to be in a manner and of a size the administrator considers adequate to inform the general public of the intended use of the property. (c) Provides that this section does not apply to an applicant for a permit issued under specified chapters in this code. Deletes text prohibiting an application from being denied for failure to post notice and requiring an applicant to comply with this section within a certain time period. SECTION 2. Amends Section 61.381, Alcoholic Beverage Code, as follows: Sec. 61.381. NOTICE BY SIGN. (a) Requires an applicant for a license issued under this code, rather than a wine and beer retailer's permit or a retail dealer's on-premise license, for a location not previously licensed for the on-premises consumption of alcoholic beverages to, not later than the 60th day before the date the application is filed, rather than on the dates notice is required to be published under Section 61.38 (Notice of Application), prominently post an outdoor sign at the location stating that alcoholic beverages are intended to be served on the premises, the type of license, and the name and business address of the applicant. (b) Makes conforming changes. (c) Provides that this section does not apply to an applicant for a license issued under specified chapters of this code. SECTION 3. Amends Chapter 243, Local Government Code, by adding Section 243.0075, as follows: Sec. 243.0075. NOTICE BY SIGN. (a) Requires an applicant for a license or permit issued under Section 243.007 (Licenses or Permits) for a location not previously licensed or permitted to, not later than the 60th day before the date the application is filed, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the applicant. (b) Requires a person who intends to operate a sexually oriented business in the jurisdiction of a municipality or county that does not require the owner or operator of a sexually oriented business to obtain a license or permit to, not later than the 60th day before the date the person intends to begin operation of the business, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the owner and operator. (c) Provides that the sign must be at least 24 by 36 inches in size and must be written in lettering at least two inches in size. Authorizes the municipality or county in which the sexually oriented business is to be located to require the sign to be both in English and a language other than English if it is likely that a substantial number of the residents in the area speak a language other than English as their familiar language. SECTION 4. Amends Section 244.002, Local Government Code, by amending Subsection (a) and adding Subsection (d), as follows: (a) Makes conforming and nonsubstantive changes. (d) Requires an entity described by this section to prominently post an outdoor sign at the proposed location of the correctional or rehabilitation facility stating that a correctional or rehabilitation facility is intended to be located on the premises and providing the name and business address of the entity. Provides that the sign must be at least 24 by 36 inches in size and must be written in lettering at least two inches in size. Authorizes the municipality or county in which the correctional or rehabilitation facility is to be located to require the sign to be both in English and a language other than English if it is likely that a substantial number of the residents in the area speak a language other than English as their familiar language. SECTION 5. Amends Section 244.005, Local Government Code, to make conforming changes. SECTION 6. (a) Provides that the changes in law made by this Act apply only to: _an applicant for a license or permit issued under the Alcoholic Beverage Code and an applicant for a license or permit for a sexually oriented business issued under Section 243.007, Local Government Code, who files an application on or after the effective date of this Act; _a person who intends to begin, on or after the effective date of this Act, the operation of a sexually oriented business in the jurisdiction of a municipality or county that does not require the owner or operator of a sexually oriented business to obtain a license or permit; and _a person who proposes to construct or operate a correctional or rehabilitation facility on or after the effective date of this Act. (b) Provides that an applicant for a license or permit issued under the Alcoholic Beverage Code and an applicant for a license or permit for a sexually oriented business issued under Section 243.007, Local Government Code, who files an application before the effective date of this Act is governed by the law in effect when the application was filed, and the former law is continued in effect for that purpose. (c) Provides that a person who begins, before the effective date of this Act, the operation of a sexually oriented business in the jurisdiction of a municipality or county that does not require the owner or operator of a sexually oriented business to obtain a license or permit is governed by the law in effect when the business began operation, and the former law is continued in effect for that purpose. (d) Provides that a person who begins construction or operation of a correctional or rehabilitation facility before the effective date of this Act is governed by the law in effect when the construction or operation began, and the former law is continued in effect for that purpose. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3598 modifies the original in SECTION 1 (Section 11.391, Alcoholic Beverage Code) by replacing the text for Subsection (c) to provide that this section does not apply to an applicant for a permit issued under specified chapters of this code. C.S.H.B. 3598 modifies the original in SECTION 2 (Section 61.381, Alcoholic Beverage Code) by replacing text for Subsection (c) to provide that this section does not apply to an applicant for a license issued under specified chapters of this code. C.S.H.B. 3598 redesignates SECTION 5 (Section 244.002, Local Government Code) of the original to SECTION 4 and reinstates text deleted from Section 244.002 by the original. The substitute redesignates SECTION 6 (proposed language in Sections 244.003(a) and (b), Local Government Code) of the original to Section 244.002(d) in SECTION 4 of the substitute. C.S.H.B. 3598 redesignates SECTION 7 of the original to SECTION 5 in the substitute. The substitute makes nonsubstantive changes. C.S.H.B. 3598 redesignates SECTIONS 10-12 of the original to SECTIONS 6-8 in the substitute. C.S.H.B. 3598 removes the following proposed amendments in the original: SECTION 4. Amends Section 244.001, Local Government Code, to delete the definition of "residential area" and make conforming changes. SECTION 5. Amends Section 244.002, Local Government Code, to delete a reference to the distance requirement of a proposed correctional or rehabilitation facility and to require the posting of a notice, as required by Section 224.003, stating that a correctional or rehabilitation facility is intended to be located on the premises. Makes conforming changes. SECTION 6. Amends Section 244.003, Local Government Code, by changing the heading of the section to "Notice by Sign" and deleting the language "Proximity of Correctional or Rehabilitation Facility." Deletes text authorizing the operation of a correctional or rehabilitation facility if local consent is not denied under Section 244.004 (Local Consent). Deletes text regarding the waiver of the distance requirement. SECTION 8. Amends Section 244.006, Local Government Code, to delete certain conditions under which a correctional or rehabilitation facility is exempt from the requirement of this chapter (Correctional or Rehabilitation Facility Location). Makes conforming changes. SECTION 9. Repealer: Sections 244.002(c) and 244.004, Local Government Code. Section 244.002(c) pertains to the method by which distance is measured, and Section 244.004 relates to local consent to the operation of a correctional or rehabilitation facility.