| 1 | 1 | | 87R1701 JAM-D |
|---|
| 2 | 2 | | By: Thompson of Harris H.B. No. 436 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to grounds for refusal of certain alcoholic beverage |
|---|
| 8 | 8 | | licenses and permits. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 11.44(b), Alcoholic Beverage Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (b) The commission shall deny an application for a permit or |
|---|
| 13 | 13 | | license for any location of an applicant who submitted a prior |
|---|
| 14 | 14 | | application that expired or was voluntarily surrendered before the |
|---|
| 15 | 15 | | hearing on the application was held on a protest involving |
|---|
| 16 | 16 | | allegations of prostitution, a shooting, stabbing, or other violent |
|---|
| 17 | 17 | | act, or an offense involving drugs, [or] trafficking of persons, or |
|---|
| 18 | 18 | | drink solicitation as described by Section 104.01 before the third |
|---|
| 19 | 19 | | anniversary of the date the prior application expired or was |
|---|
| 20 | 20 | | voluntarily surrendered. |
|---|
| 21 | 21 | | SECTION 2. Section 11.46(c), Alcoholic Beverage Code, is |
|---|
| 22 | 22 | | amended to read as follows: |
|---|
| 23 | 23 | | (c) The commission shall deny for a period of one year after |
|---|
| 24 | 24 | | cancellation an application for a mixed beverage permit or private |
|---|
| 25 | 25 | | club registration permit for a premises where a license or permit |
|---|
| 26 | 26 | | has been canceled during the preceding 12 months as a result of: |
|---|
| 27 | 27 | | (1) a shooting, stabbing, or other violent act; [,] or |
|---|
| 28 | 28 | | (2) [as a result of] an offense involving drugs, |
|---|
| 29 | 29 | | prostitution, [or] trafficking of persons, or drink solicitation as |
|---|
| 30 | 30 | | described by Section 104.01. |
|---|
| 31 | 31 | | SECTION 3. Section 61.42(c), Alcoholic Beverage Code, as |
|---|
| 32 | 32 | | effective September 1, 2021, is amended to read as follows: |
|---|
| 33 | 33 | | (c) The commission shall deny for a period of one year an |
|---|
| 34 | 34 | | application for a retail dealer's on-premise license or a wine and |
|---|
| 35 | 35 | | malt beverage retailer's permit for a premises where a license or |
|---|
| 36 | 36 | | permit has been canceled during the preceding 12 months as a result |
|---|
| 37 | 37 | | of: |
|---|
| 38 | 38 | | (1) a shooting, stabbing, or other violent act; [,] or |
|---|
| 39 | 39 | | (2) [as a result of] an offense involving drugs, |
|---|
| 40 | 40 | | prostitution, [or] trafficking of persons, or drink solicitation as |
|---|
| 41 | 41 | | described by Section 104.01. |
|---|
| 42 | 42 | | SECTION 4. Sections 11.44(b), 11.46(c), and 61.42(c), |
|---|
| 43 | 43 | | Alcoholic Beverage Code, as amended by this Act, apply to an |
|---|
| 44 | 44 | | application for an alcoholic beverage permit or license filed on or |
|---|
| 45 | 45 | | after the effective date of this Act or pending on the effective |
|---|
| 46 | 46 | | date of this Act. |
|---|
| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2021. |
|---|