Sec. 61.34. APPEAL FROM DENIAL.
(a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.
(b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.
(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 denying a license 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. A bond is not required on appeals filed on behalf of the state.
Acts 1977, 65th Leg., p. 463, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 6, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 173, eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 61 - Provisions Generally Applicable to Licenses
Subchapter B. Application and Issuance of Licenses
Section 61.31. Application for License
Section 61.313. Protest by Member of the Public
Section 61.314. Protest by Government Official
Section 61.34. Appeal From Denial
Section 61.36. Local Fee Authorized
Section 61.37. Certification of Wet or Dry Status
Section 61.38. Notice of Application
Section 61.381. Notice by Sign
Section 61.382. Notice by Mail
Section 61.40. Premises Ineligible for License
Section 61.41. Second License at Same Location; Effect on Existing License
Section 61.42. Mandatory Grounds for Denial: Distributor or Retailer
Section 61.421. Denial of License Authorizing On-Premises Consumption
Section 61.43. Discretionary Grounds for Denial: Distributor or Retailer
Section 61.44. Denial of Distributor's or Retailer's License: Prohibited Interests
Section 61.45. Denial of Retailer's or Distributor's License: Prohibited Interest in Premises
Section 61.46. Brewer's License: Grounds for Denial
Section 61.48. Renewal Application
Section 61.49. Action on Renewal Application by Commission; Refund of Fee
Section 61.50. Renewal of Retail Dealer's License: Grounds for Denial
Section 61.51. Premises Defined; Designation of Licensed Premises