Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 3 Page: 2,590
2571-3928, S43-S48 p. ; 23 cm.View a full description of this legislative document.
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80th LEGISLATURE REGULAR SESSION
(2) obtaining a license through false or fraudulent representation;
(3) making a substantial misrepresentation in an application for a
licensing agent license;
(4) engaging in a continued and flagrant course of misrepresentation; or
(5) failing to account for or remit, within a reasonable time, money
belonging to another that is in the licensing agent's possession, commingling
money of another person with the licensing agent's money, or failing to keep the
money of another person in an escrow or trust account.
Sec. 7.302. HEARING BY STATE OFFICE OF ADMINISTRATIVE
HEARINGS. (a) Before denying an application for a license or suspending or
revoking a license, the commission must:
(1) set the matter for a hearing to be conducted by the State Office of
Administrative Hearings; and
(2) before the hearing date, notify the applicant in writing of:
(A) the charges alleged or the question to be determined at the
hearing; and
(B) the date and location of the hearing.
(b) At a hearing under this section, the applicant may:
(1) be present and be heard in person or by counsel; and
(2) have an opportunity to offer evidence by oral testimony, affidavit,
or deposition.
(c) Written notice may be served by personal delivery to the applicant or by
certified mail to the last known mailing address of the applicant.
[Sections 7.303-7.350 reserved for expansion]
SUBCHAPTER H. CRIMINAL PENALTIES
Sec. 7.351. PRACTICING WITHOUT LICENSE; OFFENSE. (a) A person
commits an offense if the person acts as a licensing agent without a license.
(b) An offense under this section is a Class B misdemeanor.
Sec. 7.352. GENERAL CRIMINAL PENALTY. (a) A person commits an
offense if the person violates a provision of this chapter or a rule adopted by the
commission under this chapter for which a penalty is not provided.
(b) An offense under this section is a Class C misdemeanor.
SECTION . On or before November 1, 2007, the Alcoholic Beverage
Commission shall adopt all rules necessary to implement Chapter 7, Alcoholic
Beverage Code, as added by this Act.
SECTION . A person is not required to hold a license under Chapter 7,
Alcoholic Beverage Code, as added by this Act, before January 1, 2008, to
engage in activity regulated by that chapter.
SECTION . Notwithstanding any other section of this Act, Sections
7.101, 7.351, and 7.352, Alcoholic Beverage Code, as added by this Act, take
effect January 1, 2008.
Representative Truitt moved to table Amendment No. 1.
A record vote was requested.
The motion to table prevailed by (Record 776): 100 Yeas, 20 Nays, 2
Present, not voting.2590
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Eightieth Legislature of the State of Texas, Volume 3, legislative document, 2007; (https://texashistory.unt.edu/ark:/67531/metapth97473/m1/24/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.