2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.05. Relationship With Alcoholic Beverage Business Prohibited

Sec. 5.05.  RELATIONSHIP WITH ALCOHOLIC BEVERAGE BUSINESS PROHIBITED.
(a)  A person may not be appointed to or serve on the commission, or hold an office under the commission, or be employed by the commission, if the person is employed by or has a financial interest in an alcoholic beverage business.  For purposes of this subsection, a person has a financial interest in an alcoholic beverage business if:
(1)  the person owns or controls, directly or indirectly, an ownership interest of:
(A)  at least five percent in a single alcoholic beverage business, including the right to share in profits, proceeds, or capital gains; or
(B)  at least five percent cumulative interest, including the right to share in profits, proceeds, or capital gains, in multiple alcoholic beverage businesses; or
(2)  the person's spouse or child has an ownership interest described by Subdivision (1).
(a-1)  A financial interest prohibited by Subsection (a) does not include an ownership interest under a retirement plan, a blind trust, or insurance coverage, or an ownership interest of less than five percent in a corporation.
(a-2)  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.
(a-3)  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.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 415(b)(2), eff. September 1, 2019.
(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.
(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:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of alcoholic beverages; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of alcoholic beverages.
(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.
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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 6, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1189 (S.B. 1228), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 9, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 415(b)(2), eff. September 1, 2019.