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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alcoholic beverage license or permit has been revoked.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. This Act shall be known as Erik's Law. |
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SECTION 2. 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) In this section, "applicant" has the meaning |
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assigned by Section 11.45. |
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(b) The commission or administrator shall refuse to issue an |
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original or renewal permit authorizing on-premises consumption of |
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alcoholic beverages, with or without a hearing, if the commission |
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or administrator has reasonable grounds to believe and finds that, |
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during the three years preceding the date the permit application |
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was filed, a license or permit previously held under this code by |
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the applicant, a person who owns the premises for which the permit |
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is sought, or an officer of a person who owns the premises for which |
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the permit is sought was canceled or not renewed as a result of a |
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shooting, stabbing, or other violent act. |
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(c) 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 3. Subchapter B, Chapter 61, Alcoholic Beverage |
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Code, is amended by adding Section 61.421 to read as follows: |
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Sec. 61.421. REFUSAL OF LICENSE AUTHORIZING ON-PREMISES |
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CONSUMPTION. (a) In this section, "applicant" has the meaning |
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assigned by Section 11.45. |
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(b) The commission or administrator, with or without a |
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hearing, or the county judge, shall refuse to issue or approve an |
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original or renewal license authorizing on-premises consumption of |
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alcoholic beverages if the commission, administrator, or county |
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judge has reasonable grounds to believe and finds that, during the |
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three years preceding the date the license application was filed, a |
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license or permit previously held under this code by the applicant, |
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a person who owns the premises for which the license is sought, or |
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an officer of a person who owns the premises for which the license |
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is sought was canceled or not renewed as a result of a shooting, |
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stabbing, or other violent act. |
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(c) This section does not apply to the issuance of an |
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original or renewal license authorizing on-premises consumption |
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for a location that holds a food and beverage certificate but does |
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not hold a late hours license. |
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SECTION 4. The change in law made by this Act applies only |
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to an application for an original or renewal license or permit that |
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is filed on or after the effective date of this Act. An application |
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filed before the effective date of this Act is governed by the law |
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in effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 5. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2707 was passed by the House on May |
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11, 2011, by the following vote: Yeas 121, Nays 24, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2707 was passed by the Senate on May |
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23, 2011, by the following vote: Yeas 27, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |