Sec. 61.37. CERTIFICATION OF WET OR DRY STATUS. (a) Not later than the 30th day after the date a prospective applicant for a license 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 license 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 license 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 license is sought is prohibited by charter or ordinance.
(c) Once a license 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. 464, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 1047, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 297 (H.B. 1959), Sec. 2, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 241 (H.B. 1443), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 177, eff. September 1, 2019.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 61 - Provisions Generally Applicable to Licenses
Subchapter B. Application and Issuance of Licenses
Section 61.31. Application for License
Section 61.313. Protest by Member of the Public
Section 61.314. Protest by Government Official
Section 61.34. Appeal From Denial
Section 61.36. Local Fee Authorized
Section 61.37. Certification of Wet or Dry Status
Section 61.38. Notice of Application
Section 61.381. Notice by Sign
Section 61.382. Notice by Mail
Section 61.40. Premises Ineligible for License
Section 61.41. Second License at Same Location; Effect on Existing License
Section 61.42. Mandatory Grounds for Denial: Distributor or Retailer
Section 61.421. Denial of License Authorizing On-Premises Consumption
Section 61.43. Discretionary Grounds for Denial: Distributor or Retailer
Section 61.44. Denial of Distributor's or Retailer's License: Prohibited Interests
Section 61.45. Denial of Retailer's or Distributor's License: Prohibited Interest in Premises
Section 61.46. Brewer's License: Grounds for Denial
Section 61.48. Renewal Application
Section 61.49. Action on Renewal Application by Commission; Refund of Fee
Section 61.50. Renewal of Retail Dealer's License: Grounds for Denial
Section 61.51. Premises Defined; Designation of Licensed Premises