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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of certain services assisting with alcoholic |
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beverage license and permit applications; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Alcoholic Beverage Code, is amended by |
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adding Chapter 7 to read as follows: |
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CHAPTER 7. ALCOHOLIC BEVERAGE PERMIT SERVICES |
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Sec. 7.001. DEFINITIONS. In this chapter: |
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(1) "Alcoholic beverage permit service" means a person |
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who for compensation directly or indirectly assists other persons |
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in obtaining licenses or permits under Title 3 by submitting, |
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transmitting, or sending applications for those licenses or permits |
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to the appropriate government agency. |
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(2) "Permit service runner" means a person employed by |
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an alcoholic beverage permit service to submit or present alcoholic |
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beverage license or permit documents to the appropriate government |
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agency. |
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Sec. 7.002. APPLICABILITY OF CHAPTER. This chapter applies |
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only to an alcoholic beverage permit service operating in a county: |
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(1) that has a population of more than 500,000; or |
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(2) in which the commissioners court by order has |
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adopted this chapter. |
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Sec. 7.003. LICENSE REQUIRED. (a) A person may not act as |
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an alcoholic beverage permit service or as an agent of an alcoholic |
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beverage permit service unless the person holds an alcoholic |
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beverage permit service license. |
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(b) A person may not act as a permit service runner unless |
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the person holds an alcoholic beverage permit service license or an |
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alcoholic beverage permit service runner's license. |
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Sec. 7.004. FEES. (a) The annual fee for an alcoholic |
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beverage permit service license is $200 for the original license |
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and $100 for each renewal. |
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(b) The annual fee for an alcoholic beverage permit service |
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runner's license is $50. |
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Sec. 7.005. ELIGIBILITY. (a) A person convicted of a |
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felony may not before the second anniversary of the completion of |
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the person's felony sentence: |
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(1) apply for an alcoholic beverage permit service |
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license or an alcoholic beverage permit service runner's license; |
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or |
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(2) work for an alcoholic beverage permit service. |
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(b) If a person holding an alcoholic beverage permit service |
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license or alcoholic beverage permit service runner's license is |
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convicted of a felony, the license is immediately revoked. |
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Sec. 7.006. GENERAL APPLICATION REQUIREMENTS. (a) An |
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applicant for a license under this chapter must apply on a form |
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prescribed by the county tax assessor-collector of the county in |
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which the license holder is engaging in the activity regulated by |
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this chapter. The application form must be signed by the applicant |
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and accompanied by the appropriate annual fee under Section 7.004. |
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(b) The application must include: |
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(1) the applicant's name, business address, and |
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business telephone number; |
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(2) the name under which the applicant will engage in |
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business; |
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(3) the physical address of each office from which the |
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applicant will engage in business; |
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(4) a statement indicating whether the applicant has |
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previously applied for a license under this chapter, the result of |
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the previous application, and whether the applicant has ever been |
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the holder of a license under this chapter that was revoked or |
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suspended; |
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(5) information from the applicant as required by the |
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county tax assessor-collector to establish the business reputation |
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and character of the applicant; |
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(6) the applicant's federal tax identification number; |
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(7) the applicant's state sales tax number; and |
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(8) any other information required by rules adopted |
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under this chapter by the county tax assessor-collector for the |
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county in which the application is filed. |
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Sec. 7.007. APPLICATION REQUIREMENTS: CORPORATION. In |
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addition to the information required by Section 7.006, an applicant |
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for an alcoholic beverage permit service license that intends to |
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engage in business as a corporation must submit the following |
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information: |
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(1) the state of incorporation; |
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(2) the name, address, date of birth, and social |
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security number of each of the principal owners and directors of the |
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corporation; |
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(3) information about each officer and director as |
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required by the county tax assessor-collector to establish the |
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business reputation and character of the applicant; and |
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(4) a statement indicating whether an employee, |
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officer, or director has been refused an alcoholic beverage permit |
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service license or an alcoholic beverage permit service runner's |
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license or has been the holder of one of those licenses that was |
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revoked or suspended. |
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Sec. 7.008. APPLICATION REQUIREMENTS: PARTNERSHIP. In |
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addition to the information required by Section 7.006, an alcoholic |
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beverage permit service license applicant that intends to engage in |
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business as a partnership must submit the following information: |
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(1) the name, address, date of birth, and social |
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security number of each partner; |
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(2) information about each partner as required by the |
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county tax assessor-collector to establish the business reputation |
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and character of the applicant; and |
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(3) a statement indicating whether a partner or |
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employee has been refused an alcoholic beverage permit service |
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license or an alcoholic beverage permit service runner's license or |
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has been the holder of one of those licenses that was revoked or |
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suspended. |
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Sec. 7.009. RECORDS. (a) A holder of an alcoholic beverage |
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permit service license shall maintain records as required by this |
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section on a form prescribed and made available by the county tax |
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assessor-collector for each transaction in which the license holder |
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receives compensation. |
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(b) The records must include: |
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(1) the date of the transaction; |
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(2) the trade name, location, owner name, and mailing |
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address for each customer; and |
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(3) a copy of each of the customer's alcoholic beverage |
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permits or licenses, if applicable. |
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(c) An alcoholic beverage permit service shall maintain for |
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at least five years after the date of the transaction two copies of |
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all records required under this section, including: |
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(1) legible photocopies of any document submitted by a |
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customer; and |
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(2) legible photocopies of any document submitted to |
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the county tax assessor-collector. |
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Sec. 7.010. INSPECTION OF RECORDS. An alcoholic beverage |
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permit service license holder and the license holder's employees |
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shall allow an inspection of records required by Section 7.009 by a |
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peace officer on the premises of the alcoholic beverage permit |
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service at any reasonable time to verify, check, or audit the |
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records. |
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Sec. 7.011. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. |
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(a) The county tax assessor-collector may deny, suspend, revoke, or |
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reinstate a license issued under this chapter. |
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(b) The county tax assessor-collector shall adopt rules |
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that establish grounds for the denial, suspension, revocation, or |
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reinstatement of a license and rules that establish procedures for |
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disciplinary action. Procedures established under this chapter are |
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subject to Chapter 2001, Government Code. |
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(c) A person whose license under this chapter is revoked may |
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not apply for a new license before the first anniversary of the date |
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the license was revoked. |
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(d) A license may not be issued to a person under a |
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fictitious name that is similar to or may be confused with the name |
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of a governmental entity or that is deceptive or misleading to the |
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public. |
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Sec. 7.012. LICENSE EXPIRATION. (a) A license issued under |
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this chapter expires on the first anniversary of the date the |
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license is issued. |
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(b) A person whose license has expired may not engage in |
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activities that require a license until the license is renewed |
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under Section 7.013. |
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Sec. 7.013. LICENSE RENEWAL. (a) A person who is otherwise |
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eligible to renew a license may renew an unexpired license by paying |
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the required renewal fee to the county tax assessor-collector |
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before the expiration date of the license. |
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(b) A person whose license has been expired for 90 days or |
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less may renew the license by paying to the county tax |
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assessor-collector a fee equal to 1-1/2 times the required renewal |
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fee. |
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(c) A person whose license has been expired for more than 90 |
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days but less than one year may renew the license by paying to the |
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county tax assessor-collector a fee equal to two times the required |
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renewal fee. |
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(d) A person whose license has been expired for one year or |
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more may not renew the license. The person may obtain a new license |
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by complying with the requirements and procedures for obtaining an |
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original license. |
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(e) Notwithstanding Subsection (d), a person who was |
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licensed in this state, who moved to another state, and who has been |
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doing business in the other state for the two years preceding the |
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application may renew an expired license by paying to the county tax |
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assessor-collector a fee equal to two times the required renewal |
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fee for the license. |
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(f) Before the 30th day before the date on which a person's |
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license expires, the county tax assessor-collector shall notify the |
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person of the impending expiration. The notice must be in writing |
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and sent to the person's last known address according to the records |
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of the county tax assessor-collector. |
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Sec. 7.014. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates this chapter or a rule adopted by a |
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county tax assessor-collector under this chapter. |
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(b) An offense under this chapter is a Class A misdemeanor. |
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Sec. 7.015. INJUNCTION. (a) A district attorney of the |
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county in which an alcoholic beverage permit service is located may |
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bring an action to enjoin the operation of the service if the holder |
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of the service's alcoholic beverage permit service license, or a |
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permit service runner acting within the scope of employment for the |
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service, is convicted of more than one offense under this chapter. |
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(b) If the court grants relief under this section, the court |
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may: |
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(1) enjoin the person from maintaining or |
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participating in the business of an alcoholic beverage permit |
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service for a period determined by the court; or |
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(2) declare the place where the person's business is |
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located to be closed for any use relating to the business of the |
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alcoholic beverage permit service for as long as the person is |
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enjoined from participating in that business. |
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SECTION 2. (a) On or before December 1, 2007, a county tax |
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assessor-collector of each county described by Section 7.002(1), |
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Alcoholic Beverage Code, as added by this Act, shall adopt all rules |
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necessary to implement Chapter 7, Alcoholic Beverage Code, as added |
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by this Act. |
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(b) A person is not required to hold a license under Chapter |
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7, Alcoholic Beverage Code, as added by this Act, before January 1, |
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2008, to engage in activity regulated by that chapter. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2007. |
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(b) Section 7.014, Alcoholic Beverage Code, as added by this |
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Act, takes effect January 1, 2008. |