Tex. Tax Code Section 155.059
Final Suspension or Revocation of Permit


(a)

The comptroller may revoke or suspend a person’s permit if the comptroller finds, after notice and hearing as provided by this section, that the permit holder violated this chapter or an administrative rule made under this chapter.

(b)

If the comptroller intends to suspend or revoke a permit, the comptroller shall provide the permit holder with written notice that includes a statement:

(1)

of the reason for the intended revocation or suspension;

(2)

that the permit holder is entitled to a hearing by the comptroller on the proposed suspension or revocation; and

(3)

of the date, time, and place of the hearing.

(c)

The comptroller shall deliver the written notice by personal service or by mail to the permit holder’s mailing address as it appears in the comptroller’s records. Service by mail is complete when the notice is deposited with the United States Postal Service.

(d)

The comptroller shall give the permit holder not less than 10 days’ notice of a final hearing.

(e)

A permit holder may appeal the decision of the comptroller to a district court in Travis County not later than the 30th day after the date the comptroller’s decision becomes final.

(f)

A person whose permit is suspended or revoked may not sell, offer for sale, or distribute tobacco products from the place of business to which the permit applied until a new permit is granted or the suspension is removed.

(g)

If the comptroller suspends or revokes a permit, the comptroller shall provide written notice of the suspension or revocation, within a reasonable time, to each permit holder in the state. A permit holder violates Section 155.0415 (Sales: Permit Holders and Nonpermit Holders)(a) by selling or distributing tobacco products to a person whose permit has been suspended or revoked only after the permit holder receives written notice of the suspension or revocation from the comptroller.
Acts 1981, 67th Leg., p. 1672, ch. 389, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1985, 69th Leg., ch. 58, Sec. 34, eff. March 1, 1986; Acts 1989, 71st Leg., ch. 240, Sec. 67, eff. Oct. 1, 1989; Acts 1991, 72nd Leg., ch. 409, Sec. 50, eff. June 7, 1991; Acts 1995, 74th Leg., ch. 1000, Sec. 48, eff. Oct. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 19.84, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1467, Sec. 2.43, eff. Oct. 1, 1999.

Source: Section 155.059 — Final Suspension or Revocation of Permit, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­155.­htm#155.­059 (accessed Jun. 5, 2024).

155.001
Definitions
155.002
Storage
155.021
Tax Imposed on Cigars
155.023
Payment of Tax
155.024
Exception for Personal Use
155.025
Manufacturing Exemption
155.026
Penalty for Failure to Pay Tax
155.027
Venue
155.028
Impact of Tax
155.041
Permits
155.045
Combination Permit
155.048
Issuance of Permits
155.049
Permit Year
155.050
Payment for Permits
155.053
Display of Permit
155.058
Revenue
155.059
Final Suspension or Revocation of Permit
155.101
Record of Purchase or Receipt
155.102
Report of Sale or Use
155.103
Manufacturer’s Records and Reports
155.104
Manufacturer’s Representative’s Records
155.105
Reports by Wholesalers and Distributors of Cigars and Tobacco Products
155.107
Common Carrier Records
155.108
Bonded Agent’s Records
155.109
Export Warehouse’s Records
155.110
Availability of Records
155.111
Distributor’s Report
155.112
Failure to Produce Records
155.141
Donations
155.143
Seizure
155.144
Comptroller’s Report
155.145
Forfeiture Proceeding
155.146
Photographic Evidence in Cases Involving Seized Tobacco Products
155.150
Seizure or Sale No Defense
155.151
Waiver Permitted
155.152
Payment to Treasury
155.153
Preferred State Tax Lien
155.154
Donations
155.155
Reciprocal Agreements
155.181
Compliance Investigation and Recovery of Costs
155.182
Payment of Double Amount
155.183
Inspection
155.184
Credit for Tax Paid
155.185
Deficiency Determination, Penalties, and Interest
155.186
Redetermination
155.201
Penalties
155.202
Nonpayment of Tax
155.204
Concealment of Violation
155.205
Misleading the Comptroller
155.206
Refusing to Surrender Tobacco Products
155.207
Permits
155.208
Misdemeanor
155.209
Transportation of Tobacco Products
155.210
Inspection of Premises
155.0211
Tax Imposed on Tobacco Products Other than Cigars
155.211
Possession: Tax Due
155.0212
Liability of Permitted Distributor
155.212
Books and Records
155.213
Felony
155.214
Overlap of Penalties
155.215
Venue for Felony
155.241
Allocation of Tax
155.0415
Sales: Permit Holders and Nonpermit Holders
155.0481
Denial of Permit
155.0591
Summary Suspension of a Permit
155.0595
Hearings
155.1445
Sale of Seized Tobacco Products
155.1451
Disposition of Forfeited Property
155.2075
Fingerprints
155.2415
Allocation of Certain Revenue to Property Tax Relief Fund and Certain Other Funds

Accessed:
Jun. 5, 2024

§ 155.059’s source at texas​.gov