Texas 2015 - 84th Regular

Texas House Bill HB3268 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5166 AJA-D
2	2	By: Herrero H.B. No. 3268
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to grounds for denial of applications for certain
8	8	alcoholic beverage permits or licenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 25.06(a), (b), and (c), Alcoholic
11	11	Beverage Code, are amended to read as follows:
12	12	(a) The county judge shall deny an original application for
13	13	a wine and beer retailer's permit if the county judge [he] finds
14	14	that the applicant, [or the applicant's spouse,] during the five
15	15	years immediately preceding the application, was finally convicted
16	16	of a felony or one of the following offenses:
17	17	(1) prostitution;
18	18	(2) a vagrancy offense involving moral turpitude;
19	19	(3) bookmaking;
20	20	(4) gambling or gaming;
21	21	(5) an offense involving controlled substances as
22	22	defined in Chapter 481, Health and Safety Code, or other dangerous
23	23	drugs;
24	24	(6) a violation of this code resulting in the
25	25	cancellation of a license or permit, or a fine of not less than
26	26	$500;
27	27	(7) more than three violations of this code relating
28	28	to minors;
29	29	(8) bootlegging; or
30	30	(9) an offense involving firearms or a deadly weapon.
31	31	(b) The county judge shall also deny an original application
32	32	for a permit if the county judge [he] finds that five years have not
33	33	elapsed since the termination of a sentence, parole, or probation
34	34	served by the applicant [or the applicant's spouse] because of a
35	35	felony conviction or conviction of any of the offenses described in
36	36	Subsection (a) [of this section].
37	37	(c) The commission shall refuse to issue a renewal of a wine
38	38	or beer retailer's permit if it finds:
39	39	(1) that the applicant[, or the applicant's spouse,]
40	40	has been convicted of a felony or one of the offenses listed in
41	41	Subsection (a) [of this section] at any time during the five years
42	42	immediately preceding the filing of the application for renewal; or
43	43	(2) that five years have not elapsed since the
44	44	termination of a sentence, parole, or probation served by the
45	45	applicant[, or the applicant's spouse,] because of a felony
46	46	conviction or conviction of any of the offenses described in
47	47	Subsection (a) [of this section].
48	48	SECTION 2. Sections 69.06(a), (b), and (c), Alcoholic
49	49	Beverage Code, are amended to read as follows:
50	50	(a) The county judge shall deny an original application for
51	51	a retail dealer's on-premise license if the county judge [he] finds
52	52	that the applicant [or the applicant's spouse], during the five
53	53	years immediately preceding the application, was finally convicted
54	54	of a felony or one of the following offenses:
55	55	(1) prostitution;
56	56	(2) a vagrancy offense involving moral turpitude;
57	57	(3) bookmaking;
58	58	(4) gambling or gaming;
59	59	(5) an offense involving controlled substances as
60	60	defined in Chapter 481, Health and Safety Code, [the Texas
61	61	Controlled Substances Act] or other dangerous drugs;
62	62	(6) a violation of this code resulting in the
63	63	cancellation of a license or permit, or a fine of not less than
64	64	$500;
65	65	(7) more than three violations of this code relating
66	66	to minors;
67	67	(8) bootlegging; or
68	68	(9) an offense involving firearms or a deadly weapon.
69	69	(b) The county judge shall also deny an original application
70	70	for a license if the county judge [he] finds that five years has not
71	71	elapsed since the termination of a sentence, parole, or probation
72	72	served by the applicant [or the applicant's spouse] because of a
73	73	felony conviction or conviction of any of the offenses described in
74	74	Subsection (a) [of this section].
75	75	(c) The commission shall refuse to issue a renewal of a
76	76	retail dealer's on-premise license if it finds:
77	77	(1) that the applicant [or the applicant's spouse] has
78	78	been finally convicted of a felony or one of the offenses listed in
79	79	Subsection (a) [of this section] at any time during the five years
80	80	immediately preceding the filing of the application for renewal; or
81	81	(2) that five years has not elapsed since the
82	82	termination of a sentence, parole, or probation served by the
83	83	applicant [or the applicant's spouse] because of a felony
84	84	prosecution or prosecution for any of the offenses described in
85	85	Subsection (a) [of this section].
86	86	SECTION 3. The change in law made by this Act applies only
87	87	to an application for a permit or license made on or after the
88	88	effective date of this Act. An application made before the
89	89	effective date of this Act is governed by the law applicable to the
90	90	application immediately before the effective date of this Act, and
91	91	that law is continued in effect for that purpose.
92	92	SECTION 4. This Act takes effect September 1, 2015.