Texas Statutes
Subchapter B. Application for and Issuance of Permits
Section 11.44. Premises Ineligible for Permit or License

Sec. 11.44. PREMISES INELIGIBLE FOR PERMIT OR LICENSE. (a) Except as provided by Subsection (c), if an order of suspension against a permit or license is pending or unexpired, or if the commission has initiated action to cancel or suspend a permit or license, no permit or license may be issued for or transferred to the same licensed premises.
(b) The commission shall deny an application for a permit or license for any location of an applicant who submitted a prior application that expired or was voluntarily surrendered before the hearing on the application was held on a protest involving allegations of prostitution, a shooting, stabbing, or other violent act, or an offense involving drugs, trafficking of persons, or drink solicitation as described by Section 104.01 before the third anniversary of the date the prior application expired or was voluntarily surrendered.
(c) The commission may issue an original permit or license covering an otherwise permitted or licensed premises under conditions described by Subsection (a) if:
(1) the holder of the permit or license that is subject to the pending or unexpired suspension order or against which the cancellation or suspension action has been initiated has been evicted from the premises under a final, nonappealable court judgment; and
(2) all other conditions for the issuance of the new permit or license covering the premises are met by the applicant.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 717 (H.B. 2350), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 1.01, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 419 (S.B. 409), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 35, eff. December 31, 2020.
Acts 2021, 87th Leg., R.S., Ch. 78 (S.B. 195), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 1, eff. September 1, 2021.

Structure Texas Statutes

Texas Statutes

Alcoholic Beverage Code

Title 3 - Licenses and Permits

Subtitle A - Permits

Chapter 11 - Provisions Generally Applicable to Permits

Subchapter B. Application for and Issuance of Permits

Section 11.31. Application for Permit

Section 11.32. Renewal Application

Section 11.321. Administrative Penalty in Certain Counties

Section 11.33. Application Forms

Section 11.34. Consolidated Application

Section 11.35. Payment of Fee

Section 11.36. Refund of Fee

Section 11.37. Certification of Wet or Dry Status

Section 11.38. Local Fee Authorized

Section 11.39. Applicant to Publish Notice

Section 11.391. Notice by Sign

Section 11.392. Notice of Private Club Application or Renewal

Section 11.393. Notice by Mail

Section 11.42. Statement of Stock Ownership

Section 11.43. Application Review Process

Section 11.431. Protest by Member of the Public

Section 11.432. Protest by Government Official

Section 11.44. Premises Ineligible for Permit or License

Section 11.45. "Applicant" Defined

Section 11.46. General Grounds for Denial

Section 11.47. Denial of Permit: Interest in Malt Beverage Establishment

Section 11.48. Denial of Package Store or Mixed Beverage Permit

Section 11.481. Refusal of Permit Authorizing On-Premises Consumption

Section 11.49. Premises Defined; Designation of Licensed Premises

Section 11.492. Change of License or Permit From On-Premise to Off-Premise

Section 11.495. Conformance of Premises With the Americans With Disabilities Act

Section 11.50. Licensing a Portion of a Building as Premises

Section 11.51. Wholesalers May Share Delivery Vehicles

Section 11.52. Restrictions on Location in Certain Municipalities