OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUBnN

Ron. B&t FOrd, Ad&nIstrator Texas L&quor Control Beard Au&In, Texas Dear%Irr Opinion No. O-1608

Rer Maythe Texas L

Your request r0 stated question has been this department.

dby the Board Qto time ror a8maybe neaesaary @tIon of and obtaining evitlens or the provielone of

rotlsion wanwritten Into the 01 aat uponthe reaommendation of this Board to provide a auahlaning fund for ths paymentof expenses that mI@ arise In the judgment or the Board In making inveetlgatlone or violations 0r the aot. Und er the general rule, of aourae, the appropriation BpeeItieallJr madeIn the amendeda0t elfeatlve septembsr 1, 19157,was nologgerHon. Bert Pord, Page Z

availbble after September 1, 1939, but the Boardimade further reooyendatlon to the Legislature for a fide* to the general appropriation bill whIahwaeadopted and +hiah.~youwill find appearing In that section of the appropriation bill providing appropriatiolJs for the Liquor Control Bcerd, reading as rollowe:

“chit is further provided that receipts .raomthe sale or oonflscated beverages an4 equipment as provided In ths.Texas 1Iquor aontrol aat shall be available for defraying expenses as stipulated In said act, and.the dameare hereby appropriated for said purposes.’

“It is presumedthat this rMer to the appropriation aat aontlnued the effectiveness oi the: partioular provtalon above referred to In the Texas Liquor oontrol aat. Vurrently this Board is drawing upon wh!t ia knownas the *ConiIsoated Liquor Fund,1ror the payment or salaries or speafal Investigators employed as the demandarises to supplement the work or cur regular forces. *Werpould like to knowwhether or not, in your opinion, slnae a seemingly broad exoeptlon to the general restrlations Or the appropAation aat ir provided for this Board, the Beard maydrawupon the oonfiscated beverage fund ror the pa

,,,,rt or traveling expen:es bf lnsjieotcrrb lilro se paid rrom said iunti. Thegeneril’ appropriation bill of the 46th Legislature or Tezas provider apgroprlatlons for the Texas Liquor Control Board andwetInd In the eeotion of the appropriation bill providing appropriations for the Texas Liquor cotirol Board the f01lowIne rider, to-wit I

“It Is further provided that rWeIPtt3Hon. Bert Ford, Page 3

rrau the sale of aonfiraated bevera es and equlment amprovided in the Texas i&UJr Control Aat shall be available ror defrayI@ expenses as rtIpul;ated In said aat, and the sameare hersby appropriated ror said purposem.* Artiale 666-30, Vernon’s Texas Annotated Penal Code, 1923, reads aa follows:

*Any IllIoIt beverage as that term Is derlned In this Aat, andall Illegal equipmentfor manufacturelillg anyalcohollo beverages Is hereby dealared to be contraband and the samemaybe seized without warrant by the Board, or any one of Its agents or employees or by any peaae orrlaer and amyperson found In the possession, or In oharge thereof, maybe arrested without warrant. All oontraband aloohollo beverages so seized shall be turned over to dther the sheriff ‘of the aounty in which suoh seizure is madeor to any authorized pepresentaflve or agent of the Beard. *TheBoard shall have the pawer and authority to assemble seizures of alcohoblo beverages and aonaentrate themat a plaab In thir state where the .eale thereof wIl1 be deemed most advantageous.

“All oontraband aloohollo beverages remaining in the hands of the eherlii shall be sold by himat publla auotlon to the highest bi4der, atter due notiae of such sale has been posted for a period ob at least ten (10) dapa, but no sali, of liquor shall be made to any person unlirrs he Is a permittee whoIs privileged to have poesesslon themor. No dellvem Ofliquor so sold shall be madet0 any permittee unless and until the proper State tax stamps have been purohased andafflxed a6 required by this Aat. It Is rurther provided that Immediately after the sale as herein provided,, no alahhlia biVWage aold ht pub110auation by a sherI.fr shall be delivered within a period of five (5) days arter euah sale during whiah time theHon. Bert For&, Page 4

Board mayIn ite disaretion reject anybids and order t.heliquor disposed of In any mannerherein provided,

“It Is rurther provided however that In all euoh Instanaes where alooholla beverages are offered for sale at pub110auation the Board shall have the, rlght andauthority to bid thereon. In the event the Board Ie the highest bidder such alooholia beverages ehall be delivered to the Board artes the payment oi the expeneee oi the sale only and nhell be sold by the Board ae herein provided. *All alooholla beverages which mayoome Into the passersion of the Board under the provisions of this ~8eotIon maybe moldby the Board at either pub110 or private sale. *All Illegal equipment shall be dedtroyed; provided, however, that euah equlment which possesses any appreotible value shall be made Inoapable ti rurther illegal use andmaythen be rold by the Board or Administrator at prlrate rale. *All oosts andexpense Inoldental to the seizure, male, and assembling of all contraband IllIaIt beverages and illegal equipment shall be deduated from the proceeds of the sale thereor. *Thenet proaeeds~from all sales as pro-Hon. Bert Ford, Pages5

whlahmaybo madofor the use of the Bcmrd.” (underraorlng our81

tlon It will .be noted that tlm above quoted eeoof the Texas Liquor Control Aot provides that lruoh t’undmaybe used rrom time to time for deiniylng suah expenses aa may be neoessarfr fnr the Investlg tl Andy obtaining svldenae for the violations or ~he”~rkIsiona oreaid Aat. ”

It Is obYIous t&t .the Invcetl$ation of vlola-
,~ tione of ths Taxas.L&quor Control Aat and the obtaining of evldenae of suoh vjo&atIons require travelin little, If any, Invegtigetlon~aould be ?fTT%X. obtained with referenoe t.oviolations of th; Texas Liquor Oontrol Aot, without traveling. Traveling expenses of the Investigators of the Texas Liquor Control Beardwould certainly therefore be a nsoessary ‘expense In the lnveatlgatlon of andthe obtaining oi evldenoe of violations or thb Texas Liquor Control Aot.

Thererore, you are respectfully advised that It Is the opinion of this Dapartment that your quaetion should be answered In the aifirmativa. Very truly yours ATTORNBT

OEHERAL OF TEXAS

BY

WJF:AW APPROVED

NOV80; 1959 (8) Gerald C. Mann
ATTORNEY OENERAL OF TRXAS Wm.J. Fanning Assistant

APPROVED opinion oommltteeBY BWR ohairman