Texas Alcoholic Beverage Code Title 2, Chapter 5 - Alcoholic Beverage Commission

SUBCHAPTER A ADMINISTRATIVE PROVISIONS

• Texas Section 5.01 - Texas 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...
• Texas Section 5.02 - Members Of Commission; Appointment
  (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...
• Texas Section 5.022 - Training
  (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as...
• Texas Section 5.03 - Terms Of Office
  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...
• Texas Section 5.04 - Presiding Officer
  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of...
• Texas Section 5.05 - Relationship With Alcoholic Beverage Business Prohibited
  (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,...
• Texas Section 5.051 - Grounds For Removal From Commission
  (a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications...
• Texas Section 5.06 - Commission Office
  The office of the commission shall be in the city of Austin. Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1,
• Texas Section 5.07 - Commission Meetings
  (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...
• Texas Section 5.08 - Per Diem, Expenses
  Members of the commission receive per diem as provided by the General Appropriations Act for not more than 60 days a year, plus actual expenses,...
• Texas Section 5.10 - Employees; Compensation; Bonds
  (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...
• Texas Section 5.101 - Human Resources Division
  (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...
• Texas Section 5.102 - Recruitment
  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...
• Texas Section 5.103 - Annual Report
  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...
• Texas Section 5.11 - Administrator
  (a) The commission shall appoint an administrator to serve at its will and, subject to its supervision, administer this code. Unless the commission orders otherwise,...
• Texas Section 5.12 - Duties Of Administrator
  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...
• Texas Section 5.13 - Assistant Administrator
  (a) The administrator shall appoint an assistant administrator. The assistant administrator must meet the same qualifications as the administrator. The assistant administrator shall take the...
• Texas Section 5.14 - Inspectors And Representatives
  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....
• Texas Section 5.141 - Purchase Of Firearm From Commission By Inspector Or Representative
  (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...
• Texas Section 5.142 - Special Inspectors Or Representatives
  (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...
• Texas Section 5.15 - Assistant Attorneys General
  The attorney general may appoint as many as six assistant attorneys general, as the commission determines necessary, to enable the commission to more efficiently enforce...
• Texas Section 5.16 - Representation In Appeal To Commission
  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...
• Texas Section 5.17 - Suits Against The Commission: Venue
  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...
• Texas Section 5.18 - Audit
  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,...

SUBCHAPTER B POWERS AND DUTIES

• Texas Section 5.20 - Standards Of Conduct Information
  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...
• Texas Section 5.31 - General Powers And Duties
  (a) The commission may exercise all powers, duties, and functions conferred by this code, and all powers incidental, necessary, or convenient to the administration of...
• Texas Section 5.32 - May Require Reports
  The commission may require persons engaged in the alcoholic beverage business to provide information, records, or other documents the commission finds necessary to accomplish the...
• Texas Section 5.321 - Electronic Signatures
  Any electronic information, record, or other document, including an application, submitted to the commission that has an electronic signature with the required specific identifiers of...
• Texas Section 5.33 - Regulate Licensees And Permittees
  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...
• Texas Section 5.331 - Public Disturbance Reports
  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...
• Texas Section 5.34 - Delegation Of Authority
  (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...
• Texas Section 5.35 - Issuance Of Permits And Licenses
  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....
• Texas Section 5.36 - Investigation Of Violations
  (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...
• Texas Section 5.361 - Enforcement
  (a) The commission shall develop a risk-based approach to conducting its enforcement activities that focuses on: (1) detecting serious violations that impact public safety; (2)...
• Texas Section 5.362 - Schedule Of Sanctions
  (a) The commission by rule shall adopt a schedule of sanctions that may be imposed on a license or permit holder for violations of this...
• Texas Section 5.37 - Collection Of Taxes At Source
  (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...
• Texas Section 5.371 - Proceeds From Contraband
  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...
• Texas Section 5.38 - Quality And Purity Of Beverages
  (a) The commission shall require by rule that any alcoholic beverage sold in this state conform in all respects to its advertised quality. (b) The...
• Texas Section 5.39 - Regulation Of Liquor Containers
  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...
• Texas Section 5.40 - Regulation Of Beer Container Deposits
  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...
• Texas Section 5.41 - Alcohol Used For Scientific Purposes, Etc
  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...
• Texas Section 5.42 - Penalty For Violation Of Rule
  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...
• Texas Section 5.43 - Who May Hold Hearing; Rules Of Evidence
  (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,...
• Texas Section 5.435 - Public Participation In Licensing Or Permitting Hearings
  (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...
• Texas Section 5.44 - Subpoena Of Witnesses; Witness Fees; Contempt
  (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,...
• Texas Section 5.441 - Fees And Expenses Paid Members Or Employees Of Commission
  (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...
• Texas Section 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...
• Texas Section 5.46 - Security For Costs
  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...
• Texas Section 5.47 - Records Of Violations
  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...
• Texas Section 5.48 - Private Records
  (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...
• Texas Section 5.49 - Printed Copies Of Code And Rules
  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...
• Texas Section 5.50 - Establishment Of Certain Fees
  (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,...
• Texas Section 5.51 - Bookkeeping Records
  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...
• Texas Section 5.52 - Program Accessibility Plan
  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,...
• Texas Section 5.53 - Public Interest Information And Complaints
  (a) The commission shall adopt rules that clearly define the agency's complaint process from the time the complaint is received until it is resolved. (b)...
• Texas Section 5.54 - Resolution Of Complaints
  (a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall assign priorities to complaint...
• Texas Section 5.55 - Electronic Processing Of Licenses, Permits, And Certificates
  (a) The commission shall expedite the processing of original and renewal applications for licenses, permits, and certificates by using electronic means, including the Internet. (b)...
• Texas Section 5.56 - Funding Of Texas Wine Marketing Assistance Program
  (a) Notwithstanding any other law, on or before October 1 of each fiscal year, the commission shall transfer from funds appropriated to the commission $250,000...
• Texas Section 5.57 - Marketing Practices Regulatory Decisions
  (a) The commission shall develop a formal process for making policy decisions regarding marketing practices regulations and for communicating those decisions to agency staff and...
• Texas Section 5.58 - Internal Affairs
  (a) The administrator shall establish an office of internal affairs to ensure fair and impartial investigations of alleged employee misconduct. (b) The administrator shall appoint...
• Texas Section 5.59 - Use Of Technology
  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy...
• Texas Section 5.60 - Alternative Rulemaking And Dispute Resolution Procedures
  (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
• Texas Section 5.61 - Report To Legislature On Certain Enforcement Efforts
  (a) Not later than October 31 of each even-numbered year, the commission shall report to the legislature on the commission's enforcement efforts concerning alcohol sales...

Last modified: September 28, 2016