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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 2. ADMINISTRATION OF CODE

(c) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(5). (238)

(d) A special inspector or representative is not entitled to compensation from the state for service as a special inspector or representative. (239)

(e) A special inspector or representative commission expires January 1 of the first odd-numbered year after appointment. The commission may revoke a special inspector or representative commission at any time for cause. (240)

Added by Acts 1993, 73rd Leg., ch. 35, Sec. 1, eff. April 16, 1993. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(5), eff. Sept. 1, 2003. (241)

Sec. 5.15. ASSISTANT ATTORNEYS GENERAL. (242)(Text)

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 this code. The attorney general and the assistant attorneys general shall prosecute all suits requested by the commission and defend all suits against the commission. The commission shall provide the assistant attorneys general with necessary stenographers and office space. The assistant attorneys general shall be paid by the commission out of funds appropriated to it for the administration of this code. Their compensation shall be on the same basis as assistant attorneys general devoting their time to general state business. (243)

Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977. (244)

Amended by: (245)

Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 4, eff. September 1, 2013. (246)

Sec. 5.16. REPRESENTATION IN APPEAL TO COMMISSION. (247)(Text)

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 files an affidavit supplied by the commission and makes a full disclosure of whom he represents and of the fact that he is being compensated for doing so. The commission shall provide appropriate forms, and these records are a public record of the commission. (248)

Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977. (249)

Sec. 5.17. SUITS AGAINST THE COMMISSION: VENUE. (250)(Text)

In all suits against the commission, except appeals governed by Section 11.67 or 32.18 of this code, venue is in Travis County. (251)

Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977. (252)

Sec. 5.18. AUDIT. (253)(Text)

The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. (254)

Added by Acts 1985, 69th Leg., ch. 403, Sec. 8, eff. Aug. 26, 1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 35, eff. Sept. 1, 1989. (255)

Sec. 5.20. STANDARDS OF CONDUCT INFORMATION. (256)(Text)

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 their responsibilities under applicable laws relating to standards of conduct for state officers or employees. (257)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 7, eff. Sept. 1, 1993. (258)

SUBCHAPTER B. POWERS AND DUTIES (259)(Text)
Sec. 5.31. GENERAL POWERS AND DUTIES. (260)(Text)

(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 this code. It shall inspect, supervise, and regulate every phase of the business of manufacturing, importing, exporting, transporting, storing, selling, advertising, labeling, and distributing alcoholic beverages, and the possession of alcoholic beverages for the purpose of sale or otherwise. It may prescribe and publish rules necessary to carry out the provisions of this code. (261)

(b) The commission shall: (262)

(1) protect the public safety by deterring and detecting violations of this code; (263)

(2) promote legal and responsible alcohol consumption; (264)

(3) ensure fair competition within the alcoholic beverage industry; (265)

(4) ensure consistent, predictable, and timely enforcement of this code; (266)

(5) ensure a consistent, predictable, and timely licensing and permitting process; (267)

(6) promote and foster voluntary compliance with this code; and (268)

(7) communicate the requirements of this code clearly and consistently. (269)

Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977. (270)

Amended by: (271)

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 9, eff. September 1, 2007. (272)

Sec. 5.32. MAY REQUIRE REPORTS. (273)(Text)

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 purposes of this code. (274)

Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977. (275)

Amended by: (276)

Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 5, eff. September 1, 2013. (277)

Sec. 5.321. ELECTRONIC SIGNATURES. (278)(Text)

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 the signatory has the same force and effect as a manual signature before a notary public and is considered a sworn statement for purposes of Section 101.69, notwithstanding any other law. (279)

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