By: Burnam, et al. (Senate Sponsor - Davis) H.B. No. 2707
(In the Senate - Received from the House May 12, 2011;
May 12, 2011, read first time and referred to Committee on Business
and Commerce; May 18, 2011, reported favorably by the following
vote: Yeas 8, Nays 0; May 18, 2011, sent to printer.)
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alcoholic beverage license or permit has been revoked.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. This Act shall be known as Erik's Law.
SECTION 2. 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) In this section, "applicant" has the meaning
assigned by Section 11.45.
(b) The commission or administrator shall refuse to issue an
original or renewal permit authorizing on-premises consumption of
alcoholic beverages, with or without a hearing, if the commission
or administrator has reasonable grounds to believe and finds that,
during the three years preceding the date the permit application
was filed, a license or permit previously held under this code by
the applicant, a person who owns the premises for which the permit
is sought, or an officer of a person who owns the premises for which
the permit is sought was canceled or not renewed as a result of a
shooting, stabbing, or other violent act.
(c) 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 3. Subchapter B, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.421 to read as follows:
Sec. 61.421. REFUSAL OF LICENSE AUTHORIZING ON-PREMISES
CONSUMPTION. (a) In this section, "applicant" has the meaning
assigned by Section 11.45.
(b) The commission or administrator, with or without a
hearing, or the county judge, shall refuse to issue or approve an
original or renewal license authorizing on-premises consumption of
alcoholic beverages if the commission, administrator, or county
judge has reasonable grounds to believe and finds that, during the
three years preceding the date the license application was filed, a
license or permit previously held under this code by the applicant,
a person who owns the premises for which the license is sought, or
an officer of a person who owns the premises for which the license
is sought was canceled or not renewed as a result of a shooting,
stabbing, or other violent act.
(c) This section 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 4. The change in law made by this Act applies only
to an application for an original or renewal 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 5. 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.
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