Texas Senate Bill SB409

Texas 2013 - 83rd Regular

Caption

Relating to the issuance of an alcoholic beverage permit or license covering certain premises where a previous permit or license holder has been evicted.

Impact

The enactment of SB 409 will affect regulations surrounding the issuance of alcoholic beverage licenses in Texas, enabling quicker transitions for premises that have undergone management changes due to evictions. This amendment could encourage economic growth in areas where establishments change hands, allowing new business owners to take over without undue delay. By allowing new licenses to be issued under specific circumstances, the legislation seeks to streamline processes that could otherwise hinder market operations.

Summary

Senate Bill 409 relates to the issuance of alcoholic beverage permits or licenses for premises where a previous holder has been evicted. The bill amends Section 11.44 of the Alcoholic Beverage Code, stipulating that new permits can be issued even if a previous license is subject to a pending suspension or cancellation order, provided that the holder has been evicted due to a final, nonappealable court judgment. This legislative change aims to facilitate the licensing process for new applicants while ensuring that specific conditions are still met regarding the issuance of permits.

Contention

While the bill appears to have broad support, it does raise questions regarding the circumstances under which a license can be transferred after an eviction, particularly concerning the dimensions of accountability and due process for previous license holders. Concerns may arise about ensuring that prior infractions do not affect the new holders and whether the conditions for issuing a new permit are sufficiently stringent to guarantee compliance with state regulations. This aspect of the bill's implementation could lead to scrutiny in case of future violations at those locations.