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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS

Sec. 109.531. ADDITIONAL REQUIREMENTS FOR APPLICATION OR RENEWAL OF PERMIT OR LICENSE BY OUT-OF-STATE RESIDENTS. (5472)(Text)

In addition to any other requirement for a license or permit under this code, a person who has not been a citizen of this state for a period of one year preceding the date the person filed an application for a permit or license under Chapters 25-34, 44, 48-51, 69-72, or Chapter 74 of this code shall: (5473)

(1) designate an agent, who is a citizen of this state, to represent the person in matters before the commission and to be responsible for the proper conduct of any activity of the licensee or permittee; and (5474)

(2) submit to a criminal history background check. (5475)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 91, eff. Sept. 1, 1993. (5476)

Sec. 109.532. CRIMINAL HISTORY BACKGROUND CHECKS. (5477)(Text)

(a) The commission shall establish a uniform method of obtaining criminal history information. The uniform method must require: (5478)

(1) either a complete set of fingerprints or the complete name of the person being investigated to be submitted to the Department of Public Safety or to another law enforcement agency; and (5479)

(2) if fingerprints are submitted, the fingerprints must be submitted to the Federal Bureau of Investigation for further information if a relevant disqualifying record or other substantive information is not obtained from a state or local law enforcement agency. (5480)

(b) The commission may deny a license or permit or the renewal of a license or permit for an applicant if: (5481)

(1) the commission determines that a previous criminal conviction or deferred adjudication indicates that the applicant is not qualified or suitable for a license or permit; or (5482)

(2) the applicant fails to provide a complete set of fingerprints if the commission establishes that method of obtaining conviction information. (5483)

(c) All criminal history information received by the commission is privileged information and is for the exclusive use of the commission. The information may be released or otherwise disclosed to any other person or agency only: (5484)

(1) on court order; or (5485)

(2) with the consent of the person being investigated. (5486)

(d) The commission shall collect and destroy criminal history information relating to a person immediately after the commission makes a decision on the eligibility of the person for registration. (5487)

(e) A person commits an offense if the person releases or discloses in violation of this section criminal history information received by the commission. An offense under this subsection is a felony of the second degree. (5488)

(f) The commission may charge a fee to cover the cost of a criminal history background check. (5489)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 91, eff. Sept. 1, 1993. (5490)

Sec. 109.54. FESTIVALS AND CIVIC CELEBRATIONS. (5491)(Text)

(a) Any licensee who has purchased beer for sale at the site of a festival or civic celebration which has been held annually for at least 15 years during a specified period not exceeding 10 days shall be authorized for 24 hours following the official close of the celebration to sell any beer remaining at the site to any licensee or permittee authorized to purchase beer for resale. (5492)

(b) Records of any such transactions shall be kept as may be required by the administrator. (5493)

Added by Acts 1979, 66th Leg., p. 864, ch. 388, Sec. 1, eff. June 6, 1979. (5494)

Sec. 109.55. CERTIFICATE. (5495)(Text)

If after June 1, 1987, the certificate is filed under Section 15, Chapter 285, or Section 16, Chapter 462, Acts of the 69th Legislature, Regular Session, 1985, the contingency described by Subsection (c) of each of those sections is effective on the first day of the month following the month in which the certificate is filed. (5496)

Added by Acts 1987, 70th Leg., ch. 495, Sec. 5, eff. Aug. 31, 1987. (5497)

Sec. 109.56. CONVICTION OF OFFENSE RELATING TO DISCRIMINATION; POLICY OF NONDISCRIMINATION. (5498)(Text)

The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice and hearing that: (5499)

(1) the permittee has been finally convicted of any offense under state or federal law or a municipal ordinance prohibiting the violation of an individual's civil rights or the discrimination against an individual on the basis of the individual's race, color, creed, sex, or religion; and (5500)

(2) the offense was committed on the licensed premises or in connection with the operation of the permittee's business. (5501)

Added by Acts 1987, 70th Leg., ch. 303, Sec. 8, eff. June 11, 1987. (5502)

Sec. 109.57. APPLICATION OF CODE; OTHER JURISDICTIONS. (5503)(Text)

(a) Except as is expressly authorized by this code, a regulation, charter, or ordinance promulgated by a governmental entity of this state may not impose stricter standards on premises or businesses required to have a license or permit under this code than are imposed on similar premises or businesses that are not required to have such a license or permit. (5504)

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