Texas Alcoholic Beverage Code - Section 101.01. Restraining Orders And Injunctions
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Texas Laws > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 101.01. Restraining Orders And Injunctions
Section: 74.06 74.07 75.01 75.02 75.03 75.04 75.05 101.01 101.02 101.03 101.04 101.05 101.06 101.07 101.08
§ 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
(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