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


Office of House Bill AnalysisC.S.H.B. 1806
By: Menendez
Licensing & Administrative Procedures
4/9/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, an application for a permit or license for liquor sales
submitted to the Texas Alcoholic Beverage Commission (TABC) must fulfill
certain notification standards.  For instance,  the applicant must post a
sign on the premises noting the pending request to the TABC for a liquor
permit or license.  However, a new request posting may go unnoticed if the
property has not been used for a long period of time or if there is no
pedestrian traffic where the sign is posted.  C.S.H.B. 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

C.S.H.B. 1806 amends the Alcoholic Beverage Code to require a person who
submits an original application for a private club registration permit or a
permit or license authorizing the on-premises consumption of alcoholic
beverages 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 or license is sought.  The required notice does not apply
to an application that contains an application for a food and beverages
certificate.  The bill sets forth provisions relating to the required
notice of application for a permit and license. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1806 modifies the original by clarifying that only those persons
making an original application for a private club or on-premises
consumption of alcoholic beverages are required to give notice.  The
substitute increases from 200 to 300 feet the distance of residential
properties surrounding the premises that the applicant is required to
notify.  The substitute provides that the notice requirement does not apply
to applications that contain an application for a food and beverage
certificate.