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State Law
Federal Law
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Texas Alcoholic Beverage Code - Chapter 5 Alcoholic Beverage CommissionLegal Research Home > Texas Lawyer > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Chapter 5 Alcoholic Beverage Commission (a) The Texas Alcoholic Beverage Commission is an agency of the state. (b) The Texas Alcoholic Beverage Commission is subject to Chapter 325, Government Code ... (a) The commission is composed of three members, who are appointed by the governor with the advice and consent of the senate. (b) Each member ... The members of the commission hold office for staggered terms of six years, with the term of one member expiring every two years. Each member ... The governor shall designate one member of the commission as chairman. Acts 1977, 65th Leg., p. 397, ch. 194, § 1, eff. Sept. 1, 1977. ... (a) No person may be appointed to or serve on the commission, or hold an office under the commission, or be employed by the commission, ... (a) It is a ground for removal from the commission if a member: (1) does not have at the time of appointment the qualifications required ... The office of the commission shall be in the city of Austin. Acts 1977, 65th Leg., p. 397, ch. 194, § 1, eff. Sept. 1, ... (a) The commission may meet in the city of Austin at times it determines. (b) A majority of the members constitutes a quorum for the ... Members of the commission receive per diem of $10 a day, for not more than 60 days a year, plus actual expenses, while attending commission ... Once each year, the commission shall file with the governor and the presiding officer of each house of the legislature a complete and detailed written ... (a) The commission or administrator may employ clerks, stenographers, inspectors, chemists, and other employees necessary to properly enforce this code. (b) The administrator or the ... (a) A human resources division is established within the commission. (b) The division is responsible for personnel, recruiting, hiring, and other human resource functions and ... For the purpose of providing adequate personnel for all job positions in the commission, the commission shall: (1) develop a recruiting program that identifies underrepresentation ... The administrator shall report not later than February 1 of each year to the commission on the progress of the commission in the recruitment and ... The commission shall appoint an administrator to serve at its will and, subject to its supervision, administer this code. Unless the commission orders otherwise, the ... The commission shall specify the duties and powers of the administrator by printed rules and regulations entered in its minutes and shall develop and implement ... The administrator shall appoint an assistant administrator. The assistant administrator must meet the same qualifications as the administrator. The assistant administrator shall take the constitutional ... The commission or administrator may commission as many inspectors and representatives as are necessary to enforce this code and other laws administered by the commission. ... (a) A commissioned inspector or representative of the commission may purchase for an amount set by the commission, not to exceed fair market value, a ... (a) The commission or administrator may appoint as a special inspector or representative an honorably retired commissioned inspector or representative. (b) A special inspector or ... The attorney general shall appoint as many as six assistant attorneys general, as the commission determines necessary, to enable the commission to more efficiently enforce ... No member of the legislature or other person may appear for compensation in a representational capacity in an appeal to the commission unless he first ... In all suits against the commission, except appeals governed by Section 11.67 or 32.18 of this code, venue is in Travis County. Acts 1977, 65th ... The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, ... The commission shall provide to its members and employees, as often as necessary, information regarding their qualification for office or employment under this code and ... The commission may exercise all powers, duties, and functions conferred by this code, and all powers incidental, necessary, or convenient to the administration of this ... The commission may require the filing of reports and other data by persons engaged in the alcoholic beverage business which the commission finds necessary to ... The commission shall supervise and regulate licensees and permittees and their places of business in matters affecting the public. This authority is not limited to ... Local law enforcement agencies in each county with a population of 3.3 million or more shall send to the commission reports and other data concerning ... (a) The commission may authorize its commissioned peace officers, servants, and employees to carry out, under its direction, the provisions of this code. (b) The ... The commission may grant, refuse, suspend, or cancel alcoholic beverage permits and licenses as provided in this code. Acts 1977, 65th Leg., p. 400, ch. ... (a) The commission shall investigate violations of this code and of other laws relating to alcoholic beverages, and shall cooperate in the prosecution of offenders ... (a) If the federal government provides a method of collecting liquor taxes at the source, the commission may enter contracts and comply with regulations, even ... Property, money, and the proceeds from forfeited contraband provided to the commission by a federal agency or under state or federal law shall be deposited ... The commission shall require by rule that any alcoholic beverage sold in this state conform in all respects to its advertised quality. The commission shall ... The commission shall adopt rules to standardize the size of containers in which liquor may be sold in the state and relating to representations required ... If the commission finds it necessary to effectuate the purposes of this code, it may adopt rules to provide a schedule of deposits required to ... The commission shall license and regulate the use of alcohol and liquor for scientific, pharmaceutical, and industrial purposes. The commission shall provide by rule for ... A person who violates a valid rule of the commission is guilty of a misdemeanor and on conviction is punishable by the penalty prescribed in ... (a) Except as provided by Subsection (b) for a hearing held under Section 61.32 of this code, a hearing on the adoption of commission rules, ... (a) The commission or the party conducting a hearing under this code that relates to an application for an alcoholic beverage license or permit, the ... (a) The commission or administrator, or an inspector or representative of the commission under the direction of the commission, for the purposes of this code, ... (a) If a member of the commission, the administrator, or an employee of the commission is called to attend a federal or state judicial proceeding ... (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 ... No security for costs may be required of a representative of the commission in a matter in which the representative protests the issuance of a ... Records of all violations of this code by permittees and licensees, records introduced and made public at hearings, and decisions resulting from the hearings relating ... (a) "Private records," as used in this section, means all records of a permittee, licensee, or other person other than the name, proposed location, and ... The commission from time to time may have as many copies of this code and any commission rule governing the collection or refund of the ... (a) The commission by rule may establish reasonable fees for tasks and services performed by the commission in carrying out the provisions of this code, ... A permittee who holds a permit issued under Chapters 28 through 33 of this code may elect to keep all records required under this code ... The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, ... (a) The commission shall prepare information of public interest describing the functions of the commission and the commission's procedures by which complaints are filed with ... (a) The commission shall keep an information file about each complaint filed with the commission that the commission has authority to resolve. (b) If a ... The commission or administrator may enter into an agreement with another agency of this state to provide for the issuance of original or renewal licenses ... (a) Notwithstanding any other law, on or before October 1 of each fiscal year, the commission shall transfer from funds appropriated to the commission $250, ... Texas Lawyers
Last modified: August 10, 2007 |