84R5166 AJA-D
By: Herrero H.B. No. 3268
A BILL TO BE ENTITLED
AN ACT
relating to grounds for denial of applications for certain
alcoholic beverage permits or licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.06(a), (b), and (c), Alcoholic
Beverage Code, are amended to read as follows:
(a) The county judge shall deny an original application for
a wine and beer retailer's permit if the county judge [he] finds
that the applicant, [or the applicant's spouse,] during the five
years immediately preceding the application, was finally convicted
of a felony or one of the following offenses:
(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in Chapter 481, Health and Safety Code, or other dangerous
drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
(b) The county judge shall also deny an original application
for a permit if the county judge [he] finds that five years have not
elapsed since the termination of a sentence, parole, or probation
served by the applicant [or the applicant's spouse] because of a
felony conviction or conviction of any of the offenses described in
Subsection (a) [of this section].
(c) The commission shall refuse to issue a renewal of a wine
or beer retailer's permit if it finds:
(1) that the applicant[, or the applicant's spouse,]
has been convicted of a felony or one of the offenses listed in
Subsection (a) [of this section] at any time during the five years
immediately preceding the filing of the application for renewal; or
(2) that five years have not elapsed since the
termination of a sentence, parole, or probation served by the
applicant[, or the applicant's spouse,] because of a felony
conviction or conviction of any of the offenses described in
Subsection (a) [of this section].
SECTION 2. Sections 69.06(a), (b), and (c), Alcoholic
Beverage Code, are amended to read as follows:
(a) The county judge shall deny an original application for
a retail dealer's on-premise license if the county judge [he] finds
that the applicant [or the applicant's spouse], during the five
years immediately preceding the application, was finally convicted
of a felony or one of the following offenses:
(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in Chapter 481, Health and Safety Code, [the Texas
Controlled Substances Act] or other dangerous drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
(b) The county judge shall also deny an original application
for a license if the county judge [he] finds that five years has not
elapsed since the termination of a sentence, parole, or probation
served by the applicant [or the applicant's spouse] because of a
felony conviction or conviction of any of the offenses described in
Subsection (a) [of this section].
(c) The commission shall refuse to issue a renewal of a
retail dealer's on-premise license if it finds:
(1) that the applicant [or the applicant's spouse] has
been finally convicted of a felony or one of the offenses listed in
Subsection (a) [of this section] at any time during the five years
immediately preceding the filing of the application for renewal; or
(2) that five years has not elapsed since the
termination of a sentence, parole, or probation served by the
applicant [or the applicant's spouse] because of a felony
prosecution or prosecution for any of the offenses described in
Subsection (a) [of this section].
SECTION 3. The change in law made by this Act applies only
to an application for a permit or license made on or after the
effective date of this Act. An application made before the
effective date of this Act is governed by the law applicable to the
application immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.