By: Danburg H.B. No. 1041
73R3389 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alcoholic beverage permit or license restrictions
1-3 resulting from certain criminal violations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.46(c), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (c) The commission or administrator shall refuse to issue
1-8 for a period of one year after cancellation a mixed beverage permit
1-9 or private club registration permit for a premises where a license
1-10 or permit has <two or more licenses and permits have> been canceled
1-11 during the preceding 12 months as a result of a shooting, stabbing,
1-12 or other violent act, or as a result of an offense involving drugs.
1-13 SECTION 2. Section 11.61, Alcoholic Beverage Code, is
1-14 amended by adding Subsection (e) to read as follows:
1-15 (e) Commission of an offense involving drugs on premises
1-16 covered by a permit by a person other than the permit holder may
1-17 not be used as grounds for suspension or cancellation of the permit
1-18 if the permit holder notified an appropriate law enforcement
1-19 authority of the offense before an arrest was made for the offense.
1-20 SECTION 3. Section 61.42(c), Alcoholic Beverage Code, is
1-21 amended to read as follows:
1-22 (c) The county judge, commission, or administrator shall
1-23 refuse to approve or issue for a period of one year a retail
1-24 dealer's on-premise license or a wine and beer retailer's permit
2-1 for a premises where a license or permit has <two licenses or
2-2 permits have> been canceled during the preceding 12 months as a
2-3 result of a shooting, stabbing, or other violent act, or as a
2-4 result of an offense involving drugs.
2-5 SECTION 4. Subchapter C, Chapter 61, Alcoholic Beverage
2-6 Code, is amended by adding Section 61.762 to read as follows:
2-7 Sec. 61.762. DRUG OFFENSES ON PREMISES. Commission of an
2-8 offense involving drugs on premises covered by a license by a
2-9 person other than the license holder may not be used as grounds for
2-10 suspension or cancellation of the license if the license holder
2-11 notified an appropriate law enforcement authority of the offense
2-12 before an arrest was made for the offense.
2-13 SECTION 5. (a) This Act takes effect September 1, 1993.
2-14 (b) Sections 1 and 3 of this Act apply only to an
2-15 application for an alcoholic beverage license or permit that is:
2-16 (1) pending on the effective date of this Act; or
2-17 (2) submitted to the Alcoholic Beverage Commission or
2-18 a county judge on or after that date.
2-19 SECTION 6. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.