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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain licensing agents; providing |
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penalties. |
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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. LICENSING AGENTS |
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SUBCHAPTER A. GENERAL REQUIREMENTS |
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Sec. 7.001. DEFINITION. In this chapter, "licensing agent" |
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means a person who assists another person in obtaining or renewing a |
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license or permit issued under this code or otherwise represents a |
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person before the commission with respect to a license or permit |
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issued under this code. |
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Sec. 7.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to: |
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(1) an attorney licensed in this state; |
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(2) a person who holds a license or permit issued under |
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this code or an employee of a person who holds a license or permit |
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issued under this code acting on behalf of the license or permit |
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holder; or |
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(3) an applicant for a license or permit issued under |
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this code or an employee of an applicant for a license or permit |
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issued under this code acting on the applicant's own behalf. |
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[Sections 7.003-7.050 reserved for expansion] |
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SUBCHAPTER B. COMMISSION POWERS AND DUTIES |
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Sec. 7.051. LICENSING AGENT TRAINING COURSE. (a) The |
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commission shall establish a licensing agent training course. The |
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course must include, at a minimum, instruction regarding: |
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(1) all permits and licenses issued by the commission |
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and the activities authorized for each permit and license; and |
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(2) the procedures for filing permit and license |
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applications with the commission. |
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(b) The commission shall teach the training course at least |
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four times each year in different locations throughout the state. |
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(c) The commission shall charge a fee to each individual |
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taking the course. The commission shall adopt the course fee in an |
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amount that in the aggregate is sufficient to cover the cost of |
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teaching the course. |
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Sec. 7.052. INVESTIGATION OF COMPLAINTS. The administrator |
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may, on the administrator's motion, and shall, on the written |
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complaint of a person aggrieved by the action of a licensing agent, |
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investigate an alleged violation of this chapter by a licensing |
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agent or an applicant. |
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[Sections 7.053-7.100 reserved for expansion] |
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SUBCHAPTER C. LICENSING |
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Sec. 7.101. LICENSE REQUIRED. A person may not act as a |
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licensing agent unless the person holds a license issued under this |
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chapter. |
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Sec. 7.102. ELIGIBILITY FOR LICENSING AGENT LICENSE. A |
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person is eligible for a licensing agent license if the person: |
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(1) is at least 18 years of age; |
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(2) is a citizen of the United States or a legal alien; |
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and |
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(3) has completed a training course approved by the |
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commission under Section 7.051. |
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Sec. 7.103. PERSON INELIGIBLE FOR LICENSE. The commission |
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may not issue a licensing agent license to a person who has an |
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interest in any permit or license issued under Title 3. |
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Sec. 7.104. APPLICATION FOR LICENSE. An applicant for a |
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license under this chapter must: |
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(1) submit an application on a form provided by the |
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commission; and |
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(2) include with the application the application fee |
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set by the commission. |
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Sec. 7.105. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE |
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APPLICANTS. (a) An applicant for a license under this chapter |
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must submit to the commission, in addition to satisfying the other |
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requirements of this subchapter, a complete and legible set of |
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fingerprints, on a form prescribed by the commission, for the |
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purpose of obtaining criminal history record information from the |
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Department of Public Safety and the Federal Bureau of |
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Investigation. |
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(b) On receipt of an application for a license under this |
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chapter, the commission shall conduct a criminal background check |
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on the applicant. |
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(c) An applicant is not eligible for a license under this |
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chapter if the applicant, in the five years preceding the date of |
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the application, has been finally convicted of a misdemeanor |
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involving moral turpitude or a felony. |
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Sec. 7.106. LICENSE ISSUANCE. The commission shall issue a |
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license under this chapter if the commission determines that the |
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applicant: |
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(1) has paid the license fee set by the commission; and |
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(2) qualifies to be licensed under this chapter. |
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Sec. 7.107. LICENSE NOT REQUIRED FOR CERTAIN EMPLOYEES. An |
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employee of a licensing agent who only performs administrative |
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duties is not required to hold a license under this chapter. |
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[Sections 7.108-7.150 reserved for expansion] |
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SUBCHAPTER D. LICENSE EXPIRATION AND RENEWAL |
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Sec. 7.151. LICENSE EXPIRATION. (a) A license issued |
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under this chapter expires on the second anniversary of the date the |
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license is issued. The commission by rule shall adopt a system |
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under which licenses expire on various dates during the year. |
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(b) A person may not engage in activities that require a |
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license if the person's license has expired and is not renewed as |
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provided by this subchapter. |
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Sec. 7.152. LICENSE RENEWAL. (a) A person may renew an |
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unexpired license by paying the required renewal fee to the |
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commission before the expiration date of the license. |
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(b) At least 30 days before the expiration of a person's |
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license, the commission shall send written notice of the impending |
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license expiration to the person at the person's last known address |
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according to the commission's records. |
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(c) A person whose license has been expired for 90 days or |
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less may renew the license by paying to the commission a renewal fee |
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that is equal to one and one-half times the normally required |
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renewal fee. |
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(d) 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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commission a renewal fee that is equal to two times the normally |
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required renewal fee. |
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(e) 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 license by |
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complying with the requirements and procedures for obtaining a new |
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license. |
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(f) On receipt of an application to renew a license issued |
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under this chapter, the commission may conduct a criminal |
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background check under Section 7.105. |
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[Sections 7.153-7.200 reserved for expansion] |
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SUBCHAPTER E. PRACTICE OF LICENSING AGENT |
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Sec. 7.201. COLLECTION OF LICENSE AND PERMIT FEES. |
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(a) All permit or license fees collected by a licensing agent on |
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behalf of another person must be paid by check made payable to the |
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commission. |
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(b) A licensing agent shall deposit all license and permit |
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fees collected by the agent with the commission not later than the |
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20th day after the date the licensing agent receives the fee. |
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[Sections 7.202-7.250 reserved for expansion] |
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SUBCHAPTER F. BOND |
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Sec. 7.251. BOND REQUIRED. The holder of a licensing agent |
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license shall file a bond with the commission. |
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Sec. 7.252. BOND TERMS AND CONDITIONS. (a) A bond filed |
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under this subchapter must: |
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(1) be in an amount set by the commission not to exceed |
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$200,000; |
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(2) be conditioned on the licensing agent performing |
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duties required by this chapter; and |
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(3) be payable to the commission as trustee for any |
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person who may be entitled to recover under the bond. |
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(b) The bond must be made with: |
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(1) a solvent surety company doing business in this |
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state; or |
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(2) two or more good and sufficient sureties, each of |
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whom: |
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(A) is a resident of this state; and |
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(B) makes an affidavit stating that the surety |
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has assets, not subject to exemption, that are at least equal to the |
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amount of the bond. |
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Sec. 7.253. BOND APPROVAL. The bond must be approved by the |
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commission. |
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Sec. 7.254. SUIT ON BOND. (a) A person damaged by a breach |
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of a condition of the bond may bring suit and recover under the |
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bond. |
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(b) The suit must be filed in the county in which the |
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licensing agent maintains an office. |
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(c) A bond is not void on first recovery and may be sued on |
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until the total amount is exhausted. |
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(d) The commission may require the licensing agent to file a |
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new bond in an amount set by the commission if the amount of the bond |
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is reduced. The new bond is liable for all future contracts entered |
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into by the licensing agent and a license or permit holder under |
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this code. |
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(e) A licensing agent who does not file a new bond under |
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Subsection (d) may not act as a licensing agent in this state. |
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[Sections 7.255-7.300 reserved for expansion] |
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SUBCHAPTER G. DENIAL OF LICENSE AND DISCIPLINARY PROCEDURES |
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Sec. 7.301. DENIAL OF APPLICATION; SUSPENSION OR REVOCATION |
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OF LICENSE. The commission may deny an application for a license or |
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suspend or revoke the license of a licensing agent for: |
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(1) violating this chapter or a rule adopted under |
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this chapter; |
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(2) obtaining a license through false or fraudulent |
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representation; |
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(3) making a substantial misrepresentation in an |
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application for a licensing agent license; |
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(4) engaging in a continued and flagrant course of |
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misrepresentation; or |
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(5) failing to account for or remit, within a |
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reasonable time, money belonging to another that is in the |
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licensing agent's possession, commingling money of another person |
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with the licensing agent's money, or failing to keep the money of |
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another person in an escrow or trust account. |
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Sec. 7.302. HEARING BY STATE OFFICE OF ADMINISTRATIVE |
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HEARINGS. (a) Before denying an application for a license or |
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suspending or revoking a license, the commission must: |
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(1) set the matter for a hearing to be conducted by the |
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State Office of Administrative Hearings; and |
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(2) before the hearing date, notify the applicant in |
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writing of: |
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(A) the charges alleged or the question to be |
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determined at the hearing; and |
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(B) the date and location of the hearing. |
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(b) At a hearing under this section, the applicant may: |
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(1) be present and be heard in person or by counsel; |
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and |
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(2) have an opportunity to offer evidence by oral |
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testimony, affidavit, or deposition. |
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(c) Written notice may be served by personal delivery to the |
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applicant or by certified mail to the last known mailing address of |
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the applicant. |
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[Sections 7.303-7.350 reserved for expansion] |
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SUBCHAPTER H. CRIMINAL PENALTIES |
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Sec. 7.351. PRACTICING WITHOUT LICENSE; OFFENSE. (a) A |
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person commits an offense if the person acts as a licensing agent |
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without a license. |
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(b) An offense under this section is a Class B misdemeanor. |
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Sec. 7.352. GENERAL CRIMINAL PENALTY. (a) A person |
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commits an offense if the person violates a provision of this |
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chapter or a rule adopted by the commission under this chapter for |
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which a penalty is not provided. |
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(b) An offense under this section is a Class C misdemeanor. |
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SECTION 2. On or before November 1, 2007, the Texas |
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Alcoholic Beverage Commission shall adopt all rules necessary to |
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implement Chapter 7, Alcoholic Beverage Code, as added by this Act. |
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SECTION 3. A person is not required to hold a license under |
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Chapter 7, Alcoholic Beverage Code, as added by this Act, before |
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January 1, 2008, to engage in activity regulated by that chapter. |
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SECTION 4. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2007. |
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(b) Sections 7.101, 7.351, and 7.352, Alcoholic Beverage |
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Code, as added by this Act, take effect January 1, 2008. |
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