The commission must deny some permit or license applications, and it generally may not issue or transfer a permit or license for the same premises while a suspension or cancellation action is pending or unexpired.
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.