Texas Alcoholic Beverage Code

§ 11.67 — APPEAL FROM CANCELLATION, SUSPENSION, OR DENIAL OF LICENSE OR PERMIT

AL § 11.67Title 3. LICENSES AND PERMITS · Part A. PERMITS · Ch. 11. PROVISIONS GENERALLY APPLICABLE TO PERMITS · Art. C. CANCELLATION AND SUSPENSION OF PERMITS

Statute text

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(a)An appeal from an order of the commission or administrator cancelling or suspending a permit or license may be taken to the district court of the county in which the licensee or permittee resides or in which the owner of involved real or personal property resides.

(b)The appeal shall be under the substantial evidence rule and against the commission alone as defendant. The rules applicable to ordinary civil suits apply, with the following exceptions, which shall be construed literally:

(1)the appeal shall be perfected and filed within 30 days after the date the order, decision, or ruling of the commission or administrator becomes final and appealable;

(2)the case shall be tried before a judge within 20 days from the date it is filed;

(3)neither party is entitled to a jury; and

(4)the order, decision, or ruling of the commission or administrator may be suspended or modified by the court pending a trial on the merits, but the final judgment of the district court may not be modified or suspended pending appeal.

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 514 (H.B. 1956), Sec. 1, eff. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 52, eff. December 31, 2020. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 53, eff. December 31, 2020.