HBA-CMT H.B. 1806 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1806
By: Menendez
Licensing & Administrative Procedures
7/26/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, an application for a permit or license for
liquor sales submitted to the Texas Alcoholic Beverage Commission (TABC)
was required to fulfill certain notification standards.  For instance, the
applicant had to post a sign on the premises noting the pending request to
the TABC for a liquor permit or license.  However, new requests may have
gone unnoticed if the property had not been used for a long period of time
or if there was no pedestrian traffic where the sign was posted.  House
Bill 1806 requires a person who applies for a permit or license with the
TABC to give written notice of the application to the surrounding
residential properties within 300 feet of the property line of the premises
for which a license or permit is sought.  

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. 

ANALYSIS

House Bill 1806 amends the Alcoholic Beverage Code to require an applicant
for a permit or license under the provisions of the Alcoholic Beverage Code
to give written notice of the application to each residential address
located within 300 feet of any property line of the premises for which the
permit is sought.  The bill sets forth provisions relating to the required
notice of application for a permit and license.  The bill authorizes the
county judge, in the case of an application to sell beer at retail, to give
due consideration to any recommendations made by the state senator and
state representative  who represent the area in question.  

EFFECTIVE DATE

September 1, 2001.