Texas Occupations Code 2001.153 – Restrictions On Source of Funds
(a) The commission may not issue a commercial lessor license to a person unless the commission receives evidence the commission considers adequate that funds used by the person seeking the license to obtain the premises, provide the premises with furniture, fixtures, or equipment, renovate the premises, or provide utilities to the premises are:
(1) the person’s own funds; or
(2) the funds of another person, including loan proceeds, that:
(A) were obtained in an arms-length transaction that was commercially reasonable under the circumstances; and
(B) were not obtained under an expectation or obligation that the person from whom the funds were obtained would directly participate in, or have a legal interest in, rents obtained under the license or revenues or profits from the conduct of bingo on the premises.
(b) Subsection (a) does not prohibit a group of licensed authorized organizations from combining the organizations’ funds or combining or jointly obtaining funds described by Subsection (a)(2).
Terms Used In Texas Occupations Code 2001.153
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005