Texas Occupations Code 2001.154 – Ineligible Persons
(a) The commission may not issue a commercial lessor license to or renew a commercial lessor license of:
(1) a person convicted of criminal fraud or a gambling or gambling-related offense;
(2) a public officer who receives any consideration, direct or indirect, as owner or lessor of premises offered for conducting bingo;
(3) a person who loans money to an authorized organization;
(4) a distributor or manufacturer;
(5) a person in which a person covered by Subdivision (1), (2), (3), or (4) or a person married or related in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to one of those persons has greater than a 10 percent proprietary, equitable, or credit interest or in which one of those persons is active or employed;
(6) a foreign corporation or other foreign legal entity;
(7) an individual who is not a resident of this state;
(8) a corporation or other legal entity owned or controlled by:
(A) a foreign corporation; or
(B) an individual who is not a resident of this state; or
(9) a corporation or other legal entity:
(A) whose shares are publicly traded; or
(B) owned or controlled by a corporation whose shares are publicly traded.
(b) Subsection (a)(5) does not prevent an authorized organization or other person that is not organized for pecuniary profit and no part of the net earnings of which inure to the benefit of an individual, member, or shareholder from being licensed as a commercial lessor solely because a public officer or a person married or related in the first degree by consanguinity or affinity to a public officer is a member of, active in, or employed by the authorized organization or other person.
Terms Used In Texas Occupations Code 2001.154
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fraud: Intentional deception resulting in injury to another.
- 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