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.