Texas Alcoholic Beverage Code - Section 5.45. Proof Of Document
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§ 5.45. PROOF OF DOCUMENT. (a) In a suit by the state or
the commission or in which either is a party, a transcript from the
papers, books, records, or proceedings of the commission purporting
to contain a true statement of accounts between the commission or
the state and any person, or a copy of a rule, order, audit, bond,
contract, or other instrument relating to a transaction between the
commission and a person, when certified by the administrator or
chairman of the commission to be a true copy of the original on file
with the commission and authenticated under the seal of the
commission, is admissible as prima facie evidence of the existence
and validity of the original document and entitled to the same
credibility as the original document. If a suit is brought on a
bond or other written instrument, and the person alleged to have
executed the instrument denies by a sworn pleading to have executed
the instrument, the court shall require the production and proof of
the instrument.
(b) A member of the commission or the administrator may
execute a certificate under the seal of the commission setting
forth the terms of an order, rule, bond, or other instrument
referred to in this section. In the case of an order or rule, the
certificate may state that the order or rule was adopted,
promulgated, and published and filed with the commission and was in
force at any date or during any period of time. In the case of a
bond or other instrument, the certificate may state that it was
executed and filed with the commission and was in force at any date
or during any period of time. The certificate is prima facie
evidence of the facts stated in it and is admissible as evidence in
any action, civil or criminal, involving the facts contained in the
certificate without further proof of those facts.
Acts 1977, 65th Leg., p. 402, ch. 194, § 1, eff. Sept. 1, 1977.
Section: 5.40 5.41 5.42 5.43 5.435 5.44 5.441 5.45 5.46 5.47 5.48 5.49 5.50 5.51 5.52
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Last modified: August 10, 2007
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