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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS

Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11, 1987. Amended by Acts 2003, 78th Leg., ch. 456, Sec. 1, eff. Sept. 1, 2003. (107)

TITLE 2. ADMINISTRATION OF CODE (108)(Text)

CHAPTER 5. ALCOHOLIC BEVERAGE COMMISSION (109)(Text)

SUBCHAPTER A. ADMINISTRATIVE PROVISIONS (110)(Text)
Sec. 5.01. TEXAS ALCOHOLIC BEVERAGE COMMISSION. (111)(Text)

(a) The Texas Alcoholic Beverage Commission is an agency of the state. (112)

(b) The Texas Alcoholic Beverage Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and Subchapter A, Chapter 5, expires September 1, 2019. (113)

Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1965, ch. 777, Sec. 2, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 462, Sec. 17, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 479, Sec. 190, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 729, Sec. 17, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 303, Sec. 5, eff. June 11, 1987; Acts 1987, 70th Leg., ch. 1008, Sec. 11, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 3.01, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 238, Sec. 38, eff. Jan. 1, 1990; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 1.01, eff. Nov. 12, 1991; Acts 1993, 73rd Leg., ch. 934, Sec. 3, eff. Sept. 1, 1993. (114)

Amended by: (115)

Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 1.03(a), eff. September 1, 2005. (116)

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 2, eff. September 1, 2007. (117)

Sec. 5.02. MEMBERS OF COMMISSION; APPOINTMENT. (118)(Text)

(a) The commission is composed of three members, who are appointed by the governor with the advice and consent of the senate. (119)

(b) Each member must be a Texas resident, must have resided in the state for at least five years next preceding his appointment and qualification, and must be a qualified voter in the state at the time of his appointment and qualification. (120)

(c) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. (121)

(d) A person is not eligible for appointment if the person's spouse is disqualified for appointment under Section 5.05 of this code. (122)

Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 403, Sec. 1, eff. Aug. 26, 1985. (123)

Amended by: (124)

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 3, eff. September 1, 2007. (125)

Sec. 5.022. TRAINING. (126)(Text)

(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 a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (127)

(b) The training program must provide the person with information regarding: (128)

(1) the legislation that created the commission and the commission's programs, functions, rules, and budget; (129)

(2) the results of the most recent formal audit of the commission; (130)

(3) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and (131)

(4) any applicable ethics policies adopted by the commission or the Texas Ethics Commission. (132)

(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. (133)

Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 4, eff. September 1, 2007. (134)

Sec. 5.03. TERMS OF OFFICE. (135)(Text)

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 holds office until his successor is appointed and has qualified. A member may be appointed to succeed himself. (136)

Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977. (137)

Sec. 5.04. PRESIDING OFFICER. (138)(Text)

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 the governor. (139)

Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977. (140)

Amended by: (141)

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 5, eff. September 1, 2007. (142)

Sec. 5.05. RELATIONSHIP WITH ALCOHOLIC BEVERAGE BUSINESS PROHIBITED. (143)(Text)

(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, who: (144)

(1) has any financial connection with a person engaged in an alcoholic beverage business; (145)

(2) holds stocks or bonds in an alcoholic beverage business; or (146)

(3) has a pecuniary interest in an alcoholic beverage business. (147)

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