86R10875 JAM-D
By: Thompson of Harris H.B. No. 2172
A BILL TO BE ENTITLED
AN ACT
relating to grounds for refusal of certain alcoholic beverage
licenses and permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.44(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commission or administrator shall refuse to issue
for a period of three years a permit or license for any location to
an applicant who submitted a prior application that expired or was
voluntarily surrendered before the hearing on the application was
held on a protest involving allegations of prostitution, a
shooting, stabbing, or other violent act, or an offense involving
drugs, [or] trafficking of persons, or drink solicitation as
described by Section 104.01. The three-year period commences on
the date the prior application expired or was voluntarily
surrendered.
SECTION 2. Section 11.46(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The commission or administrator shall refuse to issue
for a period of one year after cancellation a mixed beverage permit
or private club registration permit for a premises where a license
or permit has been canceled during the preceding 12 months as a
result of:
(1) a shooting, stabbing, or other violent act; [,] or
(2) [as a result of] an offense involving drugs,
prostitution, [or] trafficking of persons, or drink solicitation as
described by Section 104.01.
SECTION 3. Section 61.42(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The county judge, commission, or administrator shall
refuse to approve or issue for a period of one year a retail
dealer's on-premise license or a wine and beer retailer's permit for
a premises where a license or permit has been canceled during the
preceding 12 months as a result of:
(1) a shooting, stabbing, or other violent act; [,] or
(2) [as a result of] an offense involving drugs,
prostitution, [or] trafficking of persons, or drink solicitation as
described by Section 104.01.
SECTION 4. Sections 11.44(b), 11.46(c), and 61.42(c),
Alcoholic Beverage Code, as amended by this Act, apply to an
application for an alcoholic beverage permit or license filed on or
after the effective date of this Act or pending on the effective
date of this Act.
SECTION 5. This Act takes effect September 1, 2019.