Bill Text: TX HB2707 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the holding of an interest in certain alcoholic beverage licenses, permits, or premises by certain persons whose alcoholic beverage license or permit has been revoked.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB2707 Detail]
Download: Texas-2011-HB2707-Enrolled.html
H.B. No. 2707 |
|
||
relating to the holding of an interest in certain alcoholic | ||
beverage licenses, permits, or premises by certain persons whose | ||
alcoholic beverage license or permit has been revoked. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as Erik's Law. | ||
SECTION 2. Subchapter B, Chapter 11, Alcoholic Beverage | ||
Code, is amended by adding Section 11.481 to read as follows: | ||
Sec. 11.481. REFUSAL OF PERMIT AUTHORIZING ON-PREMISES | ||
CONSUMPTION. (a) In this section, "applicant" has the meaning | ||
assigned by Section 11.45. | ||
(b) The commission or administrator shall refuse to issue an | ||
original or renewal permit authorizing on-premises consumption of | ||
alcoholic beverages, with or without a hearing, if the commission | ||
or administrator has reasonable grounds to believe and finds that, | ||
during the three years preceding the date the permit application | ||
was filed, a license or permit previously held under this code by | ||
the applicant, a person who owns the premises for which the permit | ||
is sought, or an officer of a person who owns the premises for which | ||
the permit is sought was canceled or not renewed as a result of a | ||
shooting, stabbing, or other violent act. | ||
(c) This section does not apply to the issuance of an | ||
original or renewal permit authorizing on-premises consumption for | ||
a location that also holds a food and beverage certificate but does | ||
not hold a late hours permit. | ||
SECTION 3. Subchapter B, Chapter 61, Alcoholic Beverage | ||
Code, is amended by adding Section 61.421 to read as follows: | ||
Sec. 61.421. REFUSAL OF LICENSE AUTHORIZING ON-PREMISES | ||
CONSUMPTION. (a) In this section, "applicant" has the meaning | ||
assigned by Section 11.45. | ||
(b) The commission or administrator, with or without a | ||
hearing, or the county judge, shall refuse to issue or approve an | ||
original or renewal license authorizing on-premises consumption of | ||
alcoholic beverages if the commission, administrator, or county | ||
judge has reasonable grounds to believe and finds that, during the | ||
three years preceding the date the license application was filed, a | ||
license or permit previously held under this code by the applicant, | ||
a person who owns the premises for which the license is sought, or | ||
an officer of a person who owns the premises for which the license | ||
is sought was canceled or not renewed as a result of a shooting, | ||
stabbing, or other violent act. | ||
(c) This section does not apply to the issuance of an | ||
original or renewal license authorizing on-premises consumption | ||
for a location that holds a food and beverage certificate but does | ||
not hold a late hours license. | ||
SECTION 4. The change in law made by this Act applies only | ||
to an application for an original or renewal license or permit that | ||
is filed on or after the effective date of this Act. An application | ||
filed before the effective date of this Act is governed by the law | ||
in effect immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2707 was passed by the House on May | ||
11, 2011, by the following vote: Yeas 121, Nays 24, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2707 was passed by the Senate on May | ||
23, 2011, by the following vote: Yeas 27, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |