By: Thompson (Senate Sponsor - Patrick) H.B. No. 2350

(In the Senate - Received from the House April 30, 2007; May 2, 2007, read first time and referred to Committee on Business and Commerce; May 10, 2007, reported favorably by the following vote: Yeas 8, Nays 0; May 10, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to eligibility of certain persons for an alcoholic beverage license or permit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.44, Alcoholic Beverage Code, is amended to read as follows:

Sec. 11.44. PREMISES INELIGIBLE FOR PERMIT OR LICENSE. (a) If an order of suspension against a permit or license is pending or unexpired, or if the commission has initiated action to cancel or suspend a permit or license, no permit or license may be issued for or transferred to the same licensed premises.

(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. The three-year period commences on the date the prior application expired or was voluntarily surrendered.

SECTION 2. The change in law made by this Act applies only to an application for a license or permit submitted on or after the effective date of this Act, regardless of the date on which a previous application expired or surrendered. An application submitted before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2007.

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