84R5166 AJA-D
	By: Herrero	H.B. No. 3268

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