| (a) This section relates to Alcoholic Beverage Code §§11.46,
25.06, 61.42, 61.43, 69.06, and 109.532.
(b) In determining whether an applicant is not qualified
or is unsuitable to hold a permit or license under Alcoholic Beverage
Code §109.532(b)(1), or whether an application should be cancelled
or denied the commission may consider whether the person is currently
serving deferred adjudication for:
(1) any felony offense;
(2) any controlled substance offense in the Health
and Safety Code Chapter 481;
(3) any firearm or deadly weapon offense in Penal Code
Chapter 46;
(4) any prostitution offense in Penal Code Chapter
43;
(5) any gambling offense in Penal Code Chapter 47;
(6) any human trafficking offense in Penal Code Chapter
20A;
(7) any fraud offense in Penal Code Chapters 32 or
35;
(8) any money laundering offense in Penal Code Chapter
34; or
(9) any violation of the Alcoholic Beverage Code.
(c) An applicant currently serving deferred adjudication
for one of the offenses listed in subsection (b) of this section shall
provide information requested by the commission to allow the commission
to determine whether the applicant is qualified or suitable to hold
a license or permit. In determining whether an applicant is qualified
or suitable to hold a license or permit, the commission shall consider
the relationship between the offense and the particular license or
permit being sought, taking into account these factors:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person at the time of the crime;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person prior
to and following the criminal activity;
(5) evidence of the person's rehabilitation; and
(6) other evidence presented by the person of the person's
present suitability, including letters of recommendation.
(d) If an applicant has completed the conditions of
a deferred adjudication prior to filing an application, the commission
will not consider the offense for which the deferred adjudication
was served in deciding whether the applicant is qualified or suitable
to hold a permit or license under Alcoholic Beverage Code §109.532(b)(1).
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