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A BILL TO BE ENTITLED
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AN ACT
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relating to grounds for denial of applications for certain |
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alcoholic beverage permits or licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 25.06(a), (b), and (c), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) The county judge shall deny an original application for |
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a wine and beer retailer's permit if the county judge [he] finds |
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that the applicant, [or the applicant's spouse,] during the five |
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years immediately preceding the application, was finally convicted |
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of a felony or one of the following offenses: |
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(1) prostitution; |
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(2) a vagrancy offense involving moral turpitude; |
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(3) bookmaking; |
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(4) gambling or gaming; |
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(5) an offense involving controlled substances as |
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defined in Chapter 481, Health and Safety Code, or other dangerous |
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drugs; |
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(6) a violation of this code resulting in the |
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cancellation of a license or permit, or a fine of not less than |
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$500; |
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(7) more than three violations of this code relating |
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to minors; |
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(8) bootlegging; or |
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(9) an offense involving firearms or a deadly weapon. |
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(b) The county judge shall also deny an original application |
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for a permit if the county judge [he] finds that five years have not |
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elapsed since the termination of a sentence, parole, or probation |
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served by the applicant [or the applicant's spouse] because of a |
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felony conviction or conviction of any of the offenses described in |
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Subsection (a) [of this section]. |
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(c) The commission shall refuse to issue a renewal of a wine |
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or beer retailer's permit if it finds: |
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(1) that the applicant[, or the applicant's spouse,] |
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has been convicted of a felony or one of the offenses listed in |
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Subsection (a) [of this section] at any time during the five years |
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immediately preceding the filing of the application for renewal; or |
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(2) that five years have not elapsed since the |
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termination of a sentence, parole, or probation served by the |
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applicant[, or the applicant's spouse,] because of a felony |
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conviction or conviction of any of the offenses described in |
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Subsection (a) [of this section]. |
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SECTION 2. Sections 69.06(a), (b), and (c), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) The county judge shall deny an original application for |
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a retail dealer's on-premise license if the county judge [he] finds |
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that the applicant [or the applicant's spouse], during the five |
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years immediately preceding the application, was finally convicted |
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of a felony or one of the following offenses: |
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(1) prostitution; |
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(2) a vagrancy offense involving moral turpitude; |
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(3) bookmaking; |
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(4) gambling or gaming; |
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(5) an offense involving controlled substances as |
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defined in Chapter 481, Health and Safety Code, [the Texas
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Controlled Substances Act] or other dangerous drugs; |
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(6) a violation of this code resulting in the |
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cancellation of a license or permit, or a fine of not less than |
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$500; |
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(7) more than three violations of this code relating |
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to minors; |
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(8) bootlegging; or |
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(9) an offense involving firearms or a deadly weapon. |
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(b) The county judge shall also deny an original application |
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for a license if the county judge [he] finds that five years has not |
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elapsed since the termination of a sentence, parole, or probation |
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served by the applicant [or the applicant's spouse] because of a |
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felony conviction or conviction of any of the offenses described in |
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Subsection (a) [of this section]. |
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(c) The commission shall refuse to issue a renewal of a |
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retail dealer's on-premise license if it finds: |
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(1) that the applicant [or the applicant's spouse] has |
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been finally convicted of a felony or one of the offenses listed in |
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Subsection (a) [of this section] at any time during the five years |
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immediately preceding the filing of the application for renewal; or |
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(2) that five years has not elapsed since the |
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termination of a sentence, parole, or probation served by the |
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applicant [or the applicant's spouse] because of a felony |
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prosecution or prosecution for any of the offenses described in |
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Subsection (a) [of this section]. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for a permit or license made on or after the |
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effective date of this Act. An application made before the |
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effective date of this Act is governed by the law applicable to the |
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application immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |