87(R) HB 1540 - Enrolled version - Bill Text

	H.B.  No.  1540

	AN ACT
	relating to regulation of certain facilities and establishments
	with respect to, civil remedies for certain criminal activities
	affecting, and certain criminal offenses involving health, safety,
	and welfare; creating a criminal offense; increasing criminal
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 11.44(b), Alcoholic Beverage Code, is
	amended to read as follows:
	(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, [or] 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.
	SECTION  2.    Section 11.46(c), Alcoholic Beverage Code, is
	amended to read as follows:
	(c)    The commission shall deny for a period of one year after
	cancellation an application for a mixed beverage permit or private
	club registration permit for a premises where a license or permit
	has been canceled during the preceding 12 months as a result of:
	(1)    a shooting, stabbing, or other violent act;[,] or
	(2)    [as a result of] an offense involving drugs,
	prostitution, [or] trafficking of persons, or drink solicitation as
	described by Section 104.01.
	SECTION  3.    Section 61.42(c), Alcoholic Beverage Code, as
	effective September 1, 2021, is amended to read as follows:
	(c)    The commission shall deny for a period of one year an
	application for a retail dealer's on-premise license or a wine and
	malt beverage retailer's permit for a premises where a license or
	permit has been canceled during the preceding 12 months as a result
	of:
	(1)    a shooting, stabbing, or other violent act; [,] or
	(2)    [as a result of] an offense involving drugs,
	prostitution, [or] trafficking of persons, or drink solicitation as
	described by Section 104.01.
	SECTION  4.    Chapter 98, Civil Practice and Remedies Code, is
	amended by adding Section 98.007 to read as follows:
	Sec.  98.007.    CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS. (a)
	In this section, "confidential identity" means:
	(1)    the use of a pseudonym; and
	(2)    the absence of any other identifying information,
	including address, telephone number, and social security number.
	(b)    Except as otherwise provided by this section, in an
	action under this chapter, the court shall:
	(1)    make it known to the claimant as early as possible
	in the proceedings of the action that the claimant may use a
	confidential identity in relation to the action;
	(2)    allow a claimant to use a confidential identity in
	all petitions, filings, and other documents presented to the court;
	(3)    use the confidential identity in all of the court's
	proceedings and records relating to the action, including any
	appellate proceedings; and
	(4)    maintain the records relating to the action in a
	manner that protects the confidentiality of the claimant.
	(c)    In an action under this chapter, only the following
	persons are entitled to know the true identifying information about
	the claimant:
	(1)    the judge;
	(2)    a party to the action;
	(3)    the attorney representing a party to the action;
	and
	(4)    a person authorized by a written order of a court
	specific to that person.
	(d)    The court shall order that a person entitled to know the
	true identifying information under Subsection (c) may not divulge
	that information to anyone without a written order of the court.  A
	court shall hold a person who violates the order in contempt.
	(e)    Notwithstanding Section 22.004, Government Code, the
	supreme court may not amend or adopt rules in conflict with this
	section.
	(f)    A claimant is not required to use a confidential