Tex. Alco. Bev. Code § 109.59 · Subchapter D. OTHER MISCELLANEOUS PROVISIONS
APPLICATION OF DISTANCE REQUIREMENTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If at the time an original alcoholic beverage permit or license is granted for a premises the premises satisfies the requirements regarding distance from schools, churches, and other types of premises established in this code and any other law or ordinance of the state or a political subdivision of the state in effect at that time, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.
(b) On the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license.
(c) Subsection (b) does not apply to the satisfaction of the distance requirement prescribed by Section 109.33(a)(2) for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license Subsection (b) does apply to the holder's surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license.
(d) Subsection (a) does not apply to the satisfaction of the distance requirement prescribed by Section 109.33(a)(2) for a public school if the holder's permit or license has been suspended for a violation occurring after September 1, 1995, of any of the following provisions:
(1) Section 11.61(b)(1), (6)-(11), (13), (14), or (20); or
(2) Section 61.71(a)(5)-(8), (10), (11), (13), (16), (17), (21), or (23).
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 93, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 8, eff. May 30, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 544 (S.B. 371), Sec. 5, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/AL/htm/AL.109.htm
- Text hash
- sha256 4a72120854b4c42e8e36bb0299f5683b5ced6fccad635a99cdce6b5352432418
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Alcoholic Beverage Code
- Tex. Alco. Bev. Code § 11.61CANCELLATION OR SUSPENSION OF PERMIT.Printed as Section 11.61(b)(1)
- Tex. Alco. Bev. Code § 61.71GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL DEALER.Printed as Section 61.71(a)(5)
- Tex. Alco. Bev. Code § 109.33SALES NEAR SCHOOL, CHURCH, OR HOSPITAL.Printed as Section 109.33(a)(2)
Cited by 1 provision
Provisions in this library whose text cites Tex. Alco. Bev. Code § 109.59. Each shows the citation as that text prints it.
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