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1 | 1 | By: Watson S.B. No. 409 | |
2 | 2 | (Kuempel) | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the issuance of an alcoholic beverage permit or license | |
8 | 8 | covering certain premises where a previous permit or license holder | |
9 | 9 | has been evicted. | |
10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 11 | SECTION 1. Section 11.44, Alcoholic Beverage Code, is | |
12 | 12 | amended by amending Subsection (a) and adding Subsection (c) to | |
13 | 13 | read as follows: | |
14 | 14 | (a) Except as provided by Subsection (c), if [If] an order | |
15 | 15 | of suspension against a permit or license is pending or unexpired, | |
16 | 16 | or if the commission has initiated action to cancel or suspend a | |
17 | 17 | permit or license, no permit or license may be issued for or | |
18 | 18 | transferred to the same licensed premises. | |
19 | 19 | (c) The commission may issue an original permit or license | |
20 | 20 | covering an otherwise permitted or licensed premises under | |
21 | 21 | conditions described by Subsection (a) if: | |
22 | 22 | (1) the holder of the permit or license that is subject | |
23 | 23 | to the pending or unexpired suspension order or against which the | |
24 | 24 | cancellation or suspension action has been initiated has been | |
25 | 25 | evicted from the premises under a final, nonappealable court | |
26 | 26 | judgment; and | |
27 | 27 | (2) all other conditions for the issuance of the new | |
28 | 28 | permit or license covering the premises are met by the applicant. | |
29 | 29 | SECTION 2. This Act takes effect September 1, 2013. |