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Texas Alcoholic Beverage Code - Section 101.01. Restraining Orders And Injunctions

Legal Research Home > Texas Laws > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 101.01. Restraining Orders And Injunctions

§ 101.01. RESTRAINING ORDERS AND INJUNCTIONS.  (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 county judge of the 
county where the premises covered by the permit or license are 
located and shall notify the commission when a judgment is entered 
that operates to cancel a license or permit.
	(d)  No license or permit may be issued to a person whose 
license or permit is cancelled under Subsection (c) of this section 
for one year after the cancellation.

Acts 1977, 65th Leg., p. 491, ch. 194, § 1, eff. Sept. 1, 1977.            

Last modified: August 11, 2007