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Texas Laws | Alcoholic Beverage Code

(2) contest the commission's or administrator's determinations, acts, or omissions related to this subchapter and engage in informal mediation to resolve the dispute regarding the submission. (5330)

(e) A submission under Subsection (d)(1) is subject to the approval period prescribed by Subsection (b) unless the administrator and the permittee or licensee agree otherwise. (5331)

Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1, 2003. (5332)

Sec. 108.80. JUDICIAL REVIEW. (5333)(Text)

(a) If a permittee, licensee, or other party to an agreement under this subchapter alleges that the administrator is or has been, directly or indirectly, unfairly, arbitrarily, capriciously, or wrongly exercising or withholding the exercise of the administrator's authority under Section 108.79, desires a declaration of rights under this subchapter, or alleges threatened or actual damage or injury arising out of a violation of this subchapter or any other law relating to the process and rights provided by this subchapter, the aggrieved party may bring suit in a district court in Travis County: (5334)

(1) to require, contest, or suspend enforcement of any act or omission by the administrator or commission; or (5335)

(2) concerning any administrative, regulatory, legal, or judicial act or omission, including seeking mandatory and prohibitory injunctive and extraordinary relief or declaratory relief. (5336)

(b) The court in its discretion may allow the permittee, licensee, or other party to an agreement to recover court costs and reasonable attorney's fees incurred in the defense or prosecution of the action. (5337)

Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1, 2003. (5338)

Sec. 108.81. SPONSOR LIABILITY. (5339)(Text)

A beverage distiller, manufacturer, distributor, or wholesaler who sponsors an event at a public entertainment facility or on public entertainment facility property, or who advertises or displays sponsorship signs in connection with such an event or facility or property, shall not be liable solely because of such sponsorship, advertisement, or display of sponsorship signs for any personal injury, death, or property damage occurring at such a facility or property or as a result of the operation or condition of such facility or property or because of any tort committed by any other party at or in connection with such event, facility, or property. (5340)

Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1, 2003. (5341)


(a) This section applies only to a public entertainment facility: (5343)

(1) that is a stadium, arena, or other permanent structure that is used for sporting events; (5344)

(2) relating to which an agreement approved by the administrator under Section 108.79 is in force; and (5345)

(3) for which all alcoholic beverage permits and licenses are held by a single holder. (5346)

(b) Notwithstanding Section 28.10, the concessionaire for a public entertainment facility described by Subsection (a) may allow a patron who possesses an alcoholic beverage to enter or leave a licensed or permitted premises within the facility if the alcoholic beverage: (5347)

(1) is in an open container, as defined by Section 49.031, Penal Code; (5348)

(2) appears to be possessed for present consumption; (5349)

(3) remains within the confines of the facility, excluding a parking lot; and (5350)

(4) was purchased legally at a licensed or permitted premises within the facility. (5351)

Added by Acts 2013, 83rd Leg., R.S., Ch. 54 (H.B. 893), Sec. 1, eff. May 18, 2013. (5352)

Amended by: (5353)

Acts 2015, 84th Leg., R.S., Ch. 409 (H.B. 2339), Sec. 1, eff. June 10, 2015. (5354)


Sec. 109.01. SALE OF SALVAGED OR INSURED LOSS. (5357)(Text)

If a person who does not hold a permit or license to sell alcoholic beverages acquires possession of alcoholic beverages as an insurer or insurance salvor in the salvage or liquidation of an insured damage or loss sustained in this state by a qualified licensee or permittee, he may sell the beverages in one lot or parcel as provided in this subchapter without being required to obtain a license or permit. (5358)

Acts 1977, 65th Leg., p. 523, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5359)


Immediately after taking possession of the alcoholic beverages, the insurer or insurance salvor shall register them with the commission, furnishing the commission a detailed inventory and the exact location of the beverages. At the time of registration, the registrant shall post with the commission a surety bond in an amount that the administrator finds adequate to protect the state against the taxes due on the beverages, if any are due. The registrant shall remit with the registration a fee of $10. The fee only permits the sale of the beverages listed in the registration. (5361)

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