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TABC Code - Texas Alcoholic Beverage Commission

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(b) Before the 10th day preceding the date the holder of the license converts to a different<br />

form of business, the holder of the license shall:<br />

(1) file notice with the commission on a form prescribed by the commission of the<br />

change in the form of the business entity; and<br />

(2) pay a $100 fee for each licensed premises affected by the change in form of the<br />

business entity.<br />

(c) After satisfying the requirements of Subsection (b) and establishing the newly created<br />

business entity, that entity may use the license and exercise any privileges granted by the license.<br />

Sec. 61.15. CERTAIN APPLICATIONS PROHIBITED. Section 11.13 applies to an<br />

application for a license under this subtitle.<br />

SUBCHAPTER B. APPLICATION AND ISSUANCE OF LICENSES<br />

Sec. 61.31. APPLICATION FOR LICENSE. (a) A person may file an application for a license<br />

to manufacture, distribute, store, or sell beer in termtime or vacation with the county judge of the county<br />

in which he desires to conduct business. He shall file the application in duplicate.<br />

(b) The county judge shall set the application for a hearing to be held not less than 5 nor<br />

more than 10 days after the application is filed.<br />

(c) Each applicant for an original license, other than a branch or temporary license, shall pay<br />

a hearing fee of $5 to the county clerk at the time of the hearing. The county clerk shall deposit the fee in<br />

the county treasury. The applicant is liable for no other fee except the annual license fee prescribed by<br />

this code.<br />

(d) No person may sell beer during the pendency of his original license application. No<br />

official may advise a person to the contrary.<br />

Sec. 61.311. MASTERS IN CERTAIN COUNTIES. (a) The county judge of a county with a<br />

population of 1.3 million or more may appoint a master to hear an application under this chapter.<br />

(b) A master must be a citizen of this state and must be well informed in the law of this state.<br />

(c) A master is entitled to a salary set by the county judge and approved by the<br />

commissioners court of the county in which the master serves.<br />

(d)<br />

An order referring a case to a master may:<br />

(1) specify or limit the powers of the master and direct the master to report only on<br />

particular issues, do particular acts, or receive and report only on evidence;<br />

(2) set the time and place for beginning and closing a hearing; and<br />

(3) set a date for filing a report.<br />

(e)<br />

Except as limited or specified by an order referring a case, a master may:<br />

(1) swear witnesses for hearings;<br />

(2) examine witnesses;<br />

(3) hear evidence;<br />

(4) rule on admissibility of evidence;<br />

(5) make findings of fact on evidence;<br />

(6) recommend an order to be entered by the referring judge; and<br />

(7) do any other act necessary and proper for the efficient performance of the<br />

master's duties under the order.<br />

(f) At the conclusion of a hearing, a master shall transmit to the referring judge any papers<br />

relating to the case, including the master's findings.<br />

(g) A referring judge may adopt, modify, correct, reject, reverse, or recommit for further<br />

information a master's report.<br />

(h) An applicant is entitled to a hearing before the judge, and the master shall give each<br />

applicant written notice of that right and a copy of the master's findings. A request for a hearing before<br />

the judge must be filed with the judge not later than the third day after the date notice of the master's<br />

findings is received by the applicant. The right to a hearing before the judge may be waived.<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 90

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