Texas Laws - Alcoholic Beverage Code (pg. 5)
Sec. 5.051. Grounds For Removal From Commission.

pg. 5

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

(a-1) Notwithstanding any other law, a child of a commission employee may be employed by the holder of a license or permit issued under this code. ⁽¹⁴⁸⁾

(a-2) The commission shall establish an agency policy requiring employees to disclose information regarding their children's employment by a holder of a license or permit issued under this code. ⁽¹⁴⁹⁾

(b) No member of the commission, or anyone holding an office under the commission, or any employee of the commission, may receive a commission or profit from or have an interest in the sale or purchase of alcoholic beverages. ⁽¹⁵⁰⁾

(c) A person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission. ⁽¹⁵¹⁾

(d) A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: ⁽¹⁵²⁾

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of alcoholic beverages; or ⁽¹⁵³⁾

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of alcoholic beverages. ⁽¹⁵⁴⁾

(e) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of businesses or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. ⁽¹⁵⁵⁾

Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 403, Sec. 2, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 167, Sec. 2.19(12), eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 934, Sec. 4, eff. Sept. 1, 1993. ⁽¹⁵⁶⁾

Amended by: ⁽¹⁵⁷⁾

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 6, eff. September 1, 2007. ⁽¹⁵⁸⁾

Acts 2015, 84th Leg., R.S., Ch. 1189 (S.B. 1228), Sec. 1, eff. September 1, 2015. ⁽¹⁵⁹⁾

Sec. 5.051. GROUNDS FOR REMOVAL FROM COMMISSION. ⁽¹⁶⁰⁾(Text)

(a) It is a ground for removal from the commission that a member: ⁽¹⁶¹⁾

(1) does not have at the time of taking office the qualifications required by Section 5.02; ⁽¹⁶²⁾

(2) does not maintain during service on the commission the qualifications required by Section 5.02; ⁽¹⁶³⁾

(3) is ineligible for membership under Section 5.05; ⁽¹⁶⁴⁾

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or ⁽¹⁶⁵⁾

(5) is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission. ⁽¹⁶⁶⁾

(b) The validity of an action of the commission is not affected by the fact that it was taken when a ground for removal of a commission member exists. ⁽¹⁶⁷⁾

(c) If the administrator has knowledge that a potential ground for removal exists, the administrator shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the administrator shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists. ⁽¹⁶⁸⁾

Added by Acts 1985, 69th Leg., ch. 403, Sec. 3, eff. Aug. 26, 1985. ⁽¹⁶⁹⁾

Amended by: ⁽¹⁷⁰⁾

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 7, eff. September 1, 2007. ⁽¹⁷¹⁾

Sec. 5.06. COMMISSION OFFICE. ⁽¹⁷²⁾(Text)

The office of the commission shall be in the city of Austin. ⁽¹⁷³⁾

Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽¹⁷⁴⁾

Sec. 5.07. COMMISSION MEETINGS. ⁽¹⁷⁵⁾(Text)

(a) The commission may meet in the city of Austin at times it determines. ⁽¹⁷⁶⁾

(b) A majority of the members constitutes a quorum for the transaction of business or for the exercise of any of the powers or duties of the commission. ⁽¹⁷⁷⁾

(c) The commission shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission. ⁽¹⁷⁸⁾

(d) Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 14.724, eff. Sept. 1, 2001. ⁽¹⁷⁹⁾

Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 403, Sec. 4, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 238, Sec. 39, eff. Jan. 1, 1990; Acts 2001, 77th Leg., ch. 1420, Sec. 14.724, eff. Sept. 1, 2001. ⁽¹⁸⁰⁾

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