Texas Alcoholic Beverage Code - Section 61.34. Appeal From Denial
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§ 61.34. APPEAL FROM DENIAL. (a) If the county judge,
commission, or administrator denies an application, the applicant
may appeal within 30 days from the date the order becomes final and
appealable to the district court of the county where the
application was made. The appeal is governed by Section 11.67 of
this code, and the court may hear the appeal in termtime or
vacation.
(b) If the judgment of the district court is in favor of the
applicant, regardless of whether an appeal is taken, a copy of the
judgment shall be presented to the assessor and collector of taxes
of the county where the application was made. The assessor and
collector of taxes shall accept the fees required by this code and
proceed as provided under Section 61.32 of this code as if the
county judge had approved the application.
(c) If a license is issued on the basis of a district court
judgment and that judgment is reversed on appeal, the mandate of the
appellate court automatically invalidates the license and the
applicant is entitled to a proportionate refund of fees for the
unexpired portion of the license. As much of the proceeds from
license fees collected under this subtitle as is necessary may be
appropriated for the payment of those refunds.
(d) A person appealing from an order under this section
shall give bond for all costs incident to the appeal and shall be
required to pay those costs if the judgment on appeal is unfavorable
to the applicant, but not otherwise. No bond is required on appeals
filed on behalf of the state.
Acts 1977, 65th Leg., p. 463, ch. 194, § 1, eff. Sept. 1, 1977.
Section: 61.14 61.15 61.31 61.311 61.312 61.32 61.33 61.34 61.35 61.36 61.37 61.38 61.381 61.382 61.39
Last modified: August 10, 2007
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