Sec. 11.37. CERTIFICATION OF WET OR DRY STATUS. (a) Not later than the 30th day after the date a prospective applicant for a permit issued by the commission requests certification, the county clerk of the county in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the permit is sought is prohibited by any valid order of the commissioners court.
(b) Not later than the 30th day after the date a prospective applicant for a permit issued by the commission requests certification, the city secretary or clerk of the city in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the permit is sought is prohibited by charter or ordinance.
(c) Once a permit is issued, the certification that the location or address is in a wet area may not be changed until after a subsequent local option election to prohibit the sale of alcoholic beverages.
(d) Notwithstanding any other provision of this code, if the county clerk, city secretary, or city clerk certifies that the location or address given in the request is not in a wet area or refuses to issue the certification required by this section, the prospective applicant is entitled to a hearing before the county judge to contest the certification or refusal to certify. The prospective applicant must submit a written request to the county judge for a hearing under this subsection. The county judge shall conduct a hearing required by this subsection not later than the 30th day after the date the county judge receives the written request.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 1047, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 297 (H.B. 1959), Sec. 1, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 241 (H.B. 1443), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 28, eff. September 1, 2019.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 11 - Provisions Generally Applicable to Permits
Subchapter B. Application for and Issuance of Permits
Section 11.31. Application for Permit
Section 11.32. Renewal Application
Section 11.321. Administrative Penalty in Certain Counties
Section 11.33. Application Forms
Section 11.34. Consolidated Application
Section 11.37. Certification of Wet or Dry Status
Section 11.38. Local Fee Authorized
Section 11.39. Applicant to Publish Notice
Section 11.391. Notice by Sign
Section 11.392. Notice of Private Club Application or Renewal
Section 11.393. Notice by Mail
Section 11.42. Statement of Stock Ownership
Section 11.43. Application Review Process
Section 11.431. Protest by Member of the Public
Section 11.432. Protest by Government Official
Section 11.44. Premises Ineligible for Permit or License
Section 11.45. "Applicant" Defined
Section 11.46. General Grounds for Denial
Section 11.47. Denial of Permit: Interest in Malt Beverage Establishment
Section 11.48. Denial of Package Store or Mixed Beverage Permit
Section 11.481. Refusal of Permit Authorizing On-Premises Consumption
Section 11.49. Premises Defined; Designation of Licensed Premises
Section 11.492. Change of License or Permit From On-Premise to Off-Premise
Section 11.495. Conformance of Premises With the Americans With Disabilities Act
Section 11.50. Licensing a Portion of a Building as Premises
Section 11.51. Wholesalers May Share Delivery Vehicles
Section 11.52. Restrictions on Location in Certain Municipalities