| 1 | 1 | | By: Burnam, et al. (Senate Sponsor - Davis) H.B. No. 2707 |
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| 2 | 2 | | (In the Senate - Received from the House May 12, 2011; |
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| 3 | 3 | | May 12, 2011, read first time and referred to Committee on Business |
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| 4 | 4 | | and Commerce; May 18, 2011, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 8, Nays 0; May 18, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the holding of an interest in certain alcoholic |
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| 11 | 11 | | beverage licenses, permits, or premises by certain persons whose |
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| 12 | 12 | | alcoholic beverage license or permit has been revoked. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. This Act shall be known as Erik's Law. |
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| 15 | 15 | | SECTION 2. Subchapter B, Chapter 11, Alcoholic Beverage |
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| 16 | 16 | | Code, is amended by adding Section 11.481 to read as follows: |
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| 17 | 17 | | Sec. 11.481. REFUSAL OF PERMIT AUTHORIZING ON-PREMISES |
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| 18 | 18 | | CONSUMPTION. (a) In this section, "applicant" has the meaning |
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| 19 | 19 | | assigned by Section 11.45. |
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| 20 | 20 | | (b) The commission or administrator shall refuse to issue an |
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| 21 | 21 | | original or renewal permit authorizing on-premises consumption of |
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| 22 | 22 | | alcoholic beverages, with or without a hearing, if the commission |
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| 23 | 23 | | or administrator has reasonable grounds to believe and finds that, |
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| 24 | 24 | | during the three years preceding the date the permit application |
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| 25 | 25 | | was filed, a license or permit previously held under this code by |
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| 26 | 26 | | the applicant, a person who owns the premises for which the permit |
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| 27 | 27 | | is sought, or an officer of a person who owns the premises for which |
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| 28 | 28 | | the permit is sought was canceled or not renewed as a result of a |
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| 29 | 29 | | shooting, stabbing, or other violent act. |
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| 30 | 30 | | (c) This section does not apply to the issuance of an |
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| 31 | 31 | | original or renewal permit authorizing on-premises consumption for |
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| 32 | 32 | | a location that also holds a food and beverage certificate but does |
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| 33 | 33 | | not hold a late hours permit. |
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| 34 | 34 | | SECTION 3. Subchapter B, Chapter 61, Alcoholic Beverage |
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| 35 | 35 | | Code, is amended by adding Section 61.421 to read as follows: |
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| 36 | 36 | | Sec. 61.421. REFUSAL OF LICENSE AUTHORIZING ON-PREMISES |
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| 37 | 37 | | CONSUMPTION. (a) In this section, "applicant" has the meaning |
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| 38 | 38 | | assigned by Section 11.45. |
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| 39 | 39 | | (b) The commission or administrator, with or without a |
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| 40 | 40 | | hearing, or the county judge, shall refuse to issue or approve an |
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| 41 | 41 | | original or renewal license authorizing on-premises consumption of |
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| 42 | 42 | | alcoholic beverages if the commission, administrator, or county |
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| 43 | 43 | | judge has reasonable grounds to believe and finds that, during the |
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| 44 | 44 | | three years preceding the date the license application was filed, a |
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| 45 | 45 | | license or permit previously held under this code by the applicant, |
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| 46 | 46 | | a person who owns the premises for which the license is sought, or |
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| 47 | 47 | | an officer of a person who owns the premises for which the license |
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| 48 | 48 | | is sought was canceled or not renewed as a result of a shooting, |
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| 49 | 49 | | stabbing, or other violent act. |
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| 50 | 50 | | (c) This section does not apply to the issuance of an |
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| 51 | 51 | | original or renewal license authorizing on-premises consumption |
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| 52 | 52 | | for a location that holds a food and beverage certificate but does |
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| 53 | 53 | | not hold a late hours license. |
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| 54 | 54 | | SECTION 4. The change in law made by this Act applies only |
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| 55 | 55 | | to an application for an original or renewal license or permit that |
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| 56 | 56 | | is filed on or after the effective date of this Act. An application |
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| 57 | 57 | | filed before the effective date of this Act is governed by the law |
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| 58 | 58 | | in effect immediately before that date, and that law is continued in |
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| 59 | 59 | | effect for that purpose. |
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| 60 | 60 | | SECTION 5. This Act takes effect immediately if it receives |
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| 61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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| 62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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| 64 | 64 | | Act takes effect September 1, 2011. |
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| 65 | 65 | | * * * * * |
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