Tex. Alcoh. Bev. Code Section 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 (Lewd, Immoral, Indecent Conduct) 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.
Sec. 11.45. “APPLICANT” DEFINED. The word “applicant,” as used in Sections 11.46 (General Grounds for Denial) through 11.48 (Denial of Package Store or Mixed Beverage Permit) of this code, also includes, as of the date of the application, each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock. This section shall not be construed as prohibiting anything permitted by Section 22.06 (Prohibited Interests), 24.05 (Prohibited Interests), or 102.05 (Hotel: Multiple Interests Authorized) of this code.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Source: Section 11.44 — Premises Ineligible for Permit or License, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­11.­htm#11.­44 (accessed May 18, 2024).

11.01
Permit Required 11.02
Separate Permit Required 11.03
Nature of Permit 11.04
Must Display Permit 11.05
Unauthorized Use of Permit 11.06
Privileges Limited to Licensed Premises 11.07
Duplicate or Corrected Permit 11.08
Change of Location 11.09
Expiration or Suspension of Permit 11.10
Succession on Death, Bankruptcy, Etc 11.11
Conduct Surety Bond 11.12
Altering Form of Business Entity 11.13
Certain Applications Prohibited 11.015
Hearing Location 11.31
Application for Permit 11.32
Renewal Application 11.33
Application Forms 11.34
Consolidated Application 11.35
Payment of Fee 11.36
Refund of Fee 11.37
Certification of Wet or Dry Status 11.38
Local Fee Authorized 11.39
Applicant to Publish Notice 11.042
Health Risks Warning Sign 11.42
Statement of Stock Ownership 11.43
Application Review Process 11.44
Premises Ineligible for Permit or License 11.46
General Grounds for Denial 11.47
Denial of Permit: Interest in Malt Beverage Establishment 11.48
Denial of Package Store or Mixed Beverage Permit 11.49
Premises Defined 11.50
Licensing a Portion of a Building as Premises 11.51
Wholesalers May Share Delivery Vehicles 11.52
Restrictions on Location in Certain Municipalities 11.61
Cancellation or Suspension of Permit 11.62
Hearing for Cancellation or Suspension of Permit 11.63
Notice of Hearing 11.64
Alternatives to Suspension, Cancellation 11.65
Notice of Cancellation or Suspension 11.66
Suspension or Cancellation Against Retailer 11.67
Appeal from Cancellation, Suspension, or Denial of License or Permit 11.68
Activities Prohibited During Suspension 11.69
Disposal of Beverages in Bulk 11.70
Liability of Surety 11.71
Surety May Terminate Liability 11.72
Discipline for Actions of Agent 11.73
Affirmation of Compliance 11.091
Notification of Expired or Suspended Permit 11.321
Administrative Penalty in Certain Counties 11.391
Notice by Sign 11.392
Notice of Private Club Application or Renewal 11.393
Notice by Mail 11.431
Protest by Member of the Public 11.432
Protest by Government Official 11.481
Refusal of Permit Authorizing On-premises Consumption 11.492
Change of License or Permit from On-premise to Off-premise 11.493
Supplemental or Amended Designation of Premises 11.494
Supplemental Designation of Certain Areas Authorized 11.495
Conformance of Premises with the Americans with Disabilities Act 11.611
Conviction of Offense Relating to Discrimination 11.612
Cancellation of Private Club Permit 11.613
Summary Suspension of Private Club Permit 11.614
Order Suspending Permit or License 11.615
Disciplinary Action for Violation of Order 11.641
Amount of Civil Penalty
Green check means up to date. Up to date

Accessed:
May 18, 2024

§ 11.44’s source at texas​.gov