Texas Laws - Alcoholic Beverage Code (pg. 14)
Sec. 5.54. Resolution Of Complaints.

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

(c) The commission, by rule, shall adopt a standardized form for filing complaints against a licensed or permitted entity. The commission shall make the complaint form available to the public, including by posting the complaint form on the commission's Internet website. ⁽⁴¹⁴⁾

(d) The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the commission for the purpose of directing a complaint to the commission. The commission may require that the notification be provided on a sign prominently displayed in the place of business of each individual or entity regulated under this code. ⁽⁴¹⁵⁾

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 13, eff. Sept. 1, 1993. ⁽⁴¹⁶⁾

Amended by: ⁽⁴¹⁷⁾

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 12, eff. September 1, 2007. ⁽⁴¹⁸⁾

Sec. 5.54. RESOLUTION OF COMPLAINTS. ⁽⁴¹⁹⁾(Text)

(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 investigations based on risk so that the commission handles the most serious complaints first. ⁽⁴²⁰⁾

(a-1) The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition. ⁽⁴²¹⁾

(b) If a written complaint is filed with the commission that the commission has authority to resolve, the commission, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation. ⁽⁴²²⁾

(c) The commission shall: ⁽⁴²³⁾

(1) compile: ⁽⁴²⁴⁾

(A) detailed statistics and analyze trends on complaint information, including: ⁽⁴²⁵⁾

(i) the nature of the complaints; ⁽⁴²⁶⁾

(ii) their disposition; and ⁽⁴²⁷⁾

(iii) the length of time to resolve complaints; and ⁽⁴²⁸⁾

(B) complaint information on a statewide and a regional basis; ⁽⁴²⁹⁾

(2) report the information on a monthly basis to executive management and on a quarterly basis to members of the commission; and ⁽⁴³⁰⁾

(3) make general information about the nature and disposition of complaints available to the public, including by posting the information on the commission's Internet website. ⁽⁴³¹⁾

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 14, eff. Sept. 1, 1993. ⁽⁴³²⁾

Amended by: ⁽⁴³³⁾

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 13, eff. September 1, 2007. ⁽⁴³⁴⁾

Sec. 5.55. ELECTRONIC PROCESSING OF LICENSES, PERMITS, AND CERTIFICATES. ⁽⁴³⁵⁾(Text)

(a) The commission shall expedite the processing of original and renewal applications for licenses, permits, and certificates by using electronic means, including the Internet. ⁽⁴³⁶⁾

(b) 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, permits, or certificates through the use of electronic means, including use of the Internet, to facilitate the licensing process. ⁽⁴³⁷⁾

(c) A reasonable service fee may be charged to applicants who choose to use electronic or Internet service to apply for original or renewal licenses, permits, or certificates, subject to other laws limiting or defining those fees; provided, that no service fee may be charged by the commission or by another agency to those applicants who choose not to utilize the electronic or Internet method to apply for an original or a renewal license, permit, or certificate. ⁽⁴³⁸⁾

Added by Acts 2003, 78th Leg., ch. 1221, Sec. 1, eff. Sept. 1, 2003. ⁽⁴³⁹⁾

Amended by: ⁽⁴⁴⁰⁾

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 14, eff. September 1, 2007. ⁽⁴⁴¹⁾

Acts 2015, 84th Leg., R.S., Ch. 40 (S.B. 700), Sec. 2, eff. September 1, 2015. ⁽⁴⁴²⁾

Sec. 5.56. FUNDING OF TEXAS WINE MARKETING ASSISTANCE PROGRAM. ⁽⁴⁴³⁾(Text)

(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 to the Department of Agriculture to be used by the department to implement the Texas Wine Marketing Assistance Program established by Chapter 110. ⁽⁴⁴⁴⁾

(b) The commission in accordance with this subsection may recover the amount transferred under Subsection (a) by imposing a surcharge on licenses and permits, other than an agent's permit or an agent's beer license, issued or renewed by the commission each fiscal year. The surcharge shall be an amount equal to the amount transferred under Subsection (a) divided by the number of licenses and permits the commission anticipates issuing during that year, rounded down to the next lowest whole dollar. ⁽⁴⁴⁵⁾

(c) The governing body of an incorporated city or town or the commissioners court of a county may not levy and collect a fee under Section 11.38 or 61.36 based on a surcharge imposed under this section. ⁽⁴⁴⁶⁾

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