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A BILL TO BE ENTITLED
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AN ACT
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relating to the holding of an interest in certain alcoholic |
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beverage licenses, permits, or premises by certain persons whose |
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alcoholic beverage license or permit has been revoked. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage |
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Code, is amended by adding Section 11.481 to read as follows: |
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Sec. 11.481. REFUSAL OF PERMIT AUTHORIZING ON-PREMISES |
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CONSUMPTION. (a) The commission or administrator shall refuse to |
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issue an original or renewal permit authorizing on-premises |
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consumption, with or without a hearing, if the commission or |
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administrator has reasonable grounds to believe and finds that a |
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person who would or does have a financial interest in the permit or |
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an interest in the premises for which the permit is sought |
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previously held a license or permit under this code that was |
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canceled or not renewed during the three years preceding the date |
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the permit application was filed as a result of a shooting, |
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stabbing, or other violent act or as a result of an offense |
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involving drugs, prostitution, or human trafficking. |
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(b) This section does not apply to the issuance of an |
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original or renewal permit authorizing on-premises consumption for |
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a location that also holds a food and beverage certificate but does |
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not hold a late hours permit. |
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SECTION 2. Section 61.42, Alcoholic Beverage Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The county judge, commission, or administrator shall |
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refuse to approve an original or renewal license authorizing |
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on-premises consumption if the county judge, commission, or |
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administrator has reasonable grounds to believe and finds that a |
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person who would or does have a financial interest in the license or |
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an interest in the premises for which the license is sought |
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previously held a license or permit under this code that was |
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canceled or not renewed during the three years preceding the date of |
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the license application as a result of a shooting, stabbing, or |
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other violent act or as a result of an offense involving drugs, |
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prostitution, or human trafficking. This subsection does not apply |
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to the issuance of an original or renewal license authorizing |
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on-premises consumption for a location that holds a food and |
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beverage certificate but does not hold a late hours license. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for an original license or permit that is filed on |
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or after the effective date of this Act. An application filed |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |