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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If a credible person by affidavit informs the attorney general or a county or district attorney that a person is violating or is about to violate a provision of this code, or that a permit or license was wrongfully issued, the attorney general or county or district attorney shall begin proceedings in district court to restrain the person from violating the code or operating under the permit or license.
(b) The court may issue a restraining order without a hearing, and on notice and hearing may grant an injunction, to prevent the threatened or further violation or operation. The court may require the complaining party to file a bond in an amount and with the conditions the court finds necessary.
(c) If the court finds that a person has violated a restraining order or injunction issued under this section, it shall enter a judgment to that effect. The judgment operates to cancel without further proceedings any license or permit held by the person. The district clerk shall notify the commission when a judgment is entered that operates to cancel a license or permit.
(d) A license or permit may not be issued to a person whose license or permit is cancelled under Subsection (c) until the first anniversary of the date the license or permit is cancelled.
Cite this article: FindLaw.com - Texas Alcoholic Beverage Code - ALCO BEV § 101.01. Restraining Orders and Injunctions - last updated January 01, 2024 | https://codes.findlaw.com/tx/alcoholic-beverage-code/alco-bev-sect-101-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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