82R10314 AJA-F
By: Burnam H.B. No. 2707
A BILL TO BE ENTITLED
AN ACT
relating to the holding of an interest in certain alcoholic
beverage licenses, permits, or premises by certain persons whose
alcoholic beverage license or permit has been revoked.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.481 to read as follows:
Sec. 11.481. REFUSAL OF PERMIT AUTHORIZING ON-PREMISES
CONSUMPTION. (a) The commission or administrator shall refuse to
issue an original or renewal permit authorizing on-premises
consumption, with or without a hearing, if the commission or
administrator has reasonable grounds to believe and finds that a
person who would or does have a financial interest in the permit or
an interest in the premises for which the permit is sought
previously held a license or permit under this code that was
canceled or not renewed during the three years preceding the date
the permit application was filed as a result of a shooting,
stabbing, or other violent act or as a result of an offense
involving drugs, prostitution, or human trafficking.
(b) This section does not apply to the issuance of an
original or renewal permit authorizing on-premises consumption for
a location that also holds a food and beverage certificate but does
not hold a late hours permit.
SECTION 2. Section 61.42, Alcoholic Beverage Code, is
amended by adding Subsection (d) to read as follows:
(d) The county judge, commission, or administrator shall
refuse to approve an original or renewal license authorizing
on-premises consumption if the county judge, commission, or
administrator has reasonable grounds to believe and finds that a
person who would or does have a financial interest in the license or
an interest in the premises for which the license is sought
previously held a license or permit under this code that was
canceled or not renewed during the three years preceding the date of
the license application as a result of a shooting, stabbing, or
other violent act or as a result of an offense involving drugs,
prostitution, or human trafficking. This subsection does not apply
to the issuance of an original or renewal license authorizing
on-premises consumption for a location that holds a food and
beverage certificate but does not hold a late hours license.
SECTION 3. The change in law made by this Act applies only
to an application for an original license or permit that is filed on
or after the effective date of this Act. An application filed
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.