reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 301 - Weather Modification and Control › Subchapter F. Revocation and Suspension of Permit › Section 301.253. Grounds for Revocation or Suspension of License

Sec. 301.253.  GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE.  (a)  This section applies to a license issued under this chapter or under a rule adopted under this chapter.
(b)  After notice and hearing, the Texas Department of Licensing and Regulation may suspend or revoke a license, place on probation a person whose license has been suspended, reprimand a license holder, or refuse to renew or reissue a license on any of the following grounds:
(1)  having a record of environmental violations in the preceding five years at a permit site;
(2)  committing fraud or deceit in obtaining the license;
(3)  demonstrating gross negligence, incompetency, or misconduct while acting as license holder;
(4)  making an intentional misstatement or misrepresentation of fact in information required to be maintained or submitted to the Texas Department of Licensing and Regulation by the license holder;
(5)  failing to keep and transmit records as required by a law within the jurisdiction of the Texas Department of Licensing and Regulation;
(6)  being indebted to the state for a fee, payment of a penalty, or a tax imposed by a law within the jurisdiction of the Texas Department of Licensing and Regulation;  or
(7)  failing to continue to possess qualifications necessary for the issuance of the license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 301 - Weather Modification and Control › Subchapter F. Revocation and Suspension of Permit › Section 301.254. Procedures for Notice and Hearings

Sec. 301.254.  PROCEDURES FOR NOTICE AND HEARINGS.  The Texas Department of Licensing and Regulation by rule shall establish procedures for public notice and any public hearing under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 301 - Weather Modification and Control › Subchapter F. Revocation and Suspension of Permit › Section 301.255. Hearings

Sec. 301.255.  HEARINGS.  A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the Texas Department of Licensing and Regulation and the applicable provisions of Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 301 - Weather Modification and Control › Subchapter F. Revocation and Suspension of Permit › Section 301.256. Revocation or Suspension by Consent

Sec. 301.256.  REVOCATION OR SUSPENSION BY CONSENT.  If a permit holder or license holder requests or consents to the revocation or suspension of the permit or license, the executive director may revoke or suspend the permit or license without a hearing.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 301 - Weather Modification and Control › Subchapter F. Revocation and Suspension of Permit › Section 301.257. Other Relief

Sec. 301.257.  OTHER RELIEF.  A proceeding brought by the Texas Department of Licensing and Regulation under this subchapter does not affect the authority of the Texas Department of Licensing and Regulation to bring suit for injunctive relief or a penalty, or both, under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 301 - Weather Modification and Control › Subchapter G. Immunity; Certain Legal Relationships › Section 301.301. Immunity of State

Sec. 301.301.  IMMUNITY OF STATE.  The state and its officers and employees are immune from liability for all weather modification and control activities conducted by private persons or groups.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 301 - Weather Modification and Control › Subchapter G. Immunity; Certain Legal Relationships › Section 301.302. Private Legal Relationships

Sec. 301.302.  PRIVATE LEGAL RELATIONSHIPS.  (a)  This chapter does not affect private legal relationships, except that an operation conducted under the license and permit requirements of this chapter is not an ultrahazardous activity that makes the participants subject to liability without fault.
(b)  The fact that a person holds a license or permit under this chapter or that the person has complied with this chapter or the rules issued under this chapter is not admissible as evidence in any legal proceeding brought against the person.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 302 - Weather Modification and Control Grant Program › Section 302.001. Findings

Sec. 302.001.  FINDINGS.  The legislature finds that weather modification and control activities may have a significant impact on Texas agriculture.  The legislature further finds that the Texas Department of Licensing and Regulation is the proper state agency to administer grants to political subdivisions for weather modification and control activities.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
Prior law (Sec. 20.001, Agriculture Code) amended by Acts 2003, 78th Leg., ch. 816, Sec. 22.001;  Acts 2003, 78th Leg., ch. 1245, Sec. 1.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 302 - Weather Modification and Control Grant Program › Section 302.002. Definitions

Sec. 302.002.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission of Licensing and Regulation.
(2)  "Department" means the Texas Department of Licensing and Regulation.
(3)  "Weather modification and control" means changing or controlling, or attempting to change or control, by artificial methods the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
Prior law (Sec. 20.002, Agriculture Code) amended by Acts 2003, 78th Leg., ch. 816, Sec. 22.002;  Acts 2003, 78th Leg., ch. 1245, Sec. 2.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 2.005, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 302 - Weather Modification and Control Grant Program › Section 302.003. Weather Modification and Control Grant Program

Sec. 302.003.  WEATHER MODIFICATION AND CONTROL GRANT PROGRAM.  The department shall develop and administer a program awarding matching grants to political subdivisions of this state for weather modification and control.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 302 - Weather Modification and Control Grant Program › Section 302.004. Rules

Sec. 302.004.  RULES.  The commission may adopt rules necessary to administer this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
Prior law (Sec. 20.004, Agriculture Code) amended by Acts 2003, 78th Leg., ch. 816, Sec. 22.003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 302 - Weather Modification and Control Grant Program › Section 302.005. Contracts

Sec. 302.005.  CONTRACTS.  The department may enter into contracts with public or private entities to assist the department in the administration or evaluation of the weather modification and control grant program or to conduct research relating to the effectiveness of weather modification and control activities.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 9 - Weather and Climate › Chapter 302 - Weather Modification and Control Grant Program › Section 302.006. Funding

Sec. 302.006.  FUNDING.  The department may accept appropriations and may solicit and accept gifts, grants, and other donations from any source to administer the weather modification and control grant program.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 2.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.01. Purpose of Code

Sec. 1.01.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, 1963 (Article 5429b-1, Vernon's Texas Civil Statutes).  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the general and permanent alcoholic beverage law more accessible and understandable, by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.02. Construction of Code

Sec. 1.02.  CONSTRUCTION OF CODE.  The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 67, eff. Sept. 1, 1985.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.03. Public Policy

Sec. 1.03.  PUBLIC POLICY.  This code is an exercise of the police power of the state for the protection of the welfare, health, peace, temperance, and safety of the people of the state.  It shall be liberally construed to accomplish this purpose.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.05. General Penalty

Sec. 1.05.  GENERAL PENALTY.  (a)  A person who violates a provision of this code for which a specific penalty is not provided is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both.
(b)  The term "specific penalty," as used in this section, means a penalty which might be imposed as a result of a criminal prosecution.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.06. Code Exclusively Governs

Sec. 1.06.  CODE EXCLUSIVELY GOVERNS.  Unless otherwise specifically provided by the terms of this code, the manufacture, sale, distribution, transportation, and possession of alcoholic beverages shall be governed exclusively by the provisions of this code.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.07. Resident Aliens

Sec. 1.07.  RESIDENT ALIENS.  (a)  For purposes of any provision of this code that requires an applicant for a license or permit to be a United States citizen or Texas citizen, regardless of whether it applies to an individual, a percentage of stockholders of a corporation, or members of a partnership, firm, or association, an individual who is not a United States citizen but who legally resides in the state is treated as a United States citizen and a citizen of Texas.
(b)  If it is required that an individual have resided in the state for a specified period of time, an alien legally residing in the state satisfies the requirement if he has legally resided in the state for the prescribed period of time.  If an alien becomes a United States citizen while residing in Texas, any continuous period of time he legally resided in the state immediately before becoming a citizen is included in computing his period of continuous residence in the state.
Added by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 18, eff. Aug. 27, 1979.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.08. Prevention of Human Trafficking

Sec. 1.08.  PREVENTION OF HUMAN TRAFFICKING.  It is the intent of the legislature to prevent human trafficking at all permitted and licensed premises, and all provisions of this code shall be liberally construed to carry out this intent, and it shall be a duty and priority of the commission to adhere to a zero tolerance policy of preventing human trafficking and related practices.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.09. References to Certain Terms

Sec. 1.09.  REFERENCES TO CERTAIN TERMS.  A reference in this code to:
(1)  "Ale," "beer," or "malt liquor" means a malt beverage.
(2)  "Brewer's permit" or "manufacturer's license" means a brewer's license.
(3)  "Nonresident brewer's permit" or "nonresident manufacturer's license" means a nonresident brewer's license.
(4)  "Wine and beer retailer's off-premise permit" means a wine and malt beverage retailer's off-premise permit.
(5)  "Wine and beer retailer's permit" means a wine and malt beverage retailer's permit.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 2 - Civil Liabilities for Serving Beverages › Section 2.01. Definitions

Sec. 2.01.  DEFINITIONS.  In this chapter:
(1)  "Provider" means a person who sells or serves an alcoholic beverage under authority of a license or permit issued under the terms of this code or who otherwise sells an alcoholic beverage to an individual.
(2)  "Provision" includes, but is not limited to, the sale or service of an alcoholic beverage.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11, 1987.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 2 - Civil Liabilities for Serving Beverages › Section 2.02. Causes of Action

Sec. 2.02.  CAUSES OF ACTION.  (a)  This chapter does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage.
(b)  Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:
(1)  at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others;  and
(2)  the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
(c)  An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if:
(1)  the adult is not:
(A)  the minor's parent, guardian, or spouse; or
(B)  an adult in whose custody the minor has been committed by a court; and
(2)  the adult knowingly:
(A)  served or provided to the minor any of the alcoholic beverages that contributed to the minor's intoxication; or
(B)  allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor's intoxication on the premises owned or leased by the adult.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 643 (H.B. 2868), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 1 - General Provisions › Chapter 2 - Civil Liabilities for Serving Beverages › Section 2.03. Exclusivity of Statutory Remedy

Sec. 2.03.  EXCLUSIVITY OF STATUTORY REMEDY.  (a)  The liability of providers under this chapter for the actions of their employees, customers, members, or guests who are or become intoxicated is in lieu of common law or other statutory law warranties and duties of providers of alcoholic beverages.
(b)  This chapter does not impose obligations on a provider of alcoholic beverages other than those expressly stated in this chapter.
(c)  This chapter provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11, 1987.  Amended by Acts 2003, 78th Leg., ch. 456, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.01. Texas Alcoholic Beverage Commission

Sec. 5.01.  TEXAS ALCOHOLIC BEVERAGE COMMISSION.  (a)  The Texas Alcoholic Beverage Commission is an agency of the state.
(b)  The Texas Alcoholic Beverage Commission is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished and Subchapter A, Chapter 5, expires September 1, 2031.
Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1965, ch. 777, Sec. 2, eff. Aug. 27, 1979;  Acts 1985, 69th Leg., ch. 462, Sec. 17, eff. Aug. 26, 1985;  Acts 1985, 69th Leg., ch. 479, Sec. 190, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 729, Sec. 17, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 303, Sec. 5, eff. June 11, 1987;  Acts 1987, 70th Leg., ch. 1008, Sec. 11, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 2, Sec. 3.01, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 238, Sec. 38, eff. Jan. 1, 1990;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 1.01, eff. Nov. 12, 1991;  Acts 1993, 73rd Leg., ch. 934, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 1.03(a), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.02. Members of Commission; Appointment

Sec. 5.02.  MEMBERS OF COMMISSION;  APPOINTMENT.  (a)  The commission is composed of five members, who are appointed by the governor with the advice and consent of the senate.
(b)  Each member must be a Texas resident, must have resided in the state for at least five years next preceding his appointment and qualification, and must be a qualified voter in the state at the time of his appointment and qualification.
(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(d)  A person is not eligible for appointment if the person's spouse is disqualified for appointment under Section 5.05 of this code.
Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 403, Sec. 1, eff. Aug. 26, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 3, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.022. Training

Sec. 5.022.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The administrator of the commission shall create a training manual that includes the information required by Subsection (b).  The administrator shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the administrator a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 4, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.03. Terms of Office

Sec. 5.03.  TERMS OF OFFICE.  The members of the commission hold office for staggered terms of six years, with the term of one or two members expiring every two years.  Each member holds office until the member's successor is appointed and has qualified.  The governor may appoint a member to serve consecutive terms.
Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.04. Presiding Officer

Sec. 5.04.  PRESIDING OFFICER.  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.051. Grounds for Removal From Commission

Sec. 5.051.  GROUNDS FOR REMOVAL FROM COMMISSION.  (a)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of taking office the qualifications required by Section 5.02;
(2)  does not maintain during service on the commission the qualifications required by Section 5.02;
(3)  is ineligible for membership under Section 5.05;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(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.
(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.
(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.
Added by Acts 1985, 69th Leg., ch. 403, Sec. 3, eff. Aug. 26, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.06. Commission Office

Sec. 5.06.  COMMISSION OFFICE.  The office of the commission shall be in the city of Austin.
Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.07. Commission Meetings

Sec. 5.07.  COMMISSION MEETINGS.  (a)  The commission may meet in the city of Austin at times it determines.
(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.
(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.
(d)  Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 14.724, eff. Sept. 1, 2001.
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.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.08. Per Diem, Expenses

Sec. 5.08.  PER DIEM, EXPENSES.  Members of the commission receive per diem as provided by the General Appropriations Act for not more than 60 days a year, plus actual expenses, while attending commission meetings or otherwise engaged in the performance of their duties.
Acts 1977, 65th Leg., p. 397, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 988 (H.B. 3829), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.10. Employees; Compensation; Bonds

Sec. 5.10.  EMPLOYEES;  COMPENSATION;  BONDS.  (a)  The commission or administrator may employ clerks, stenographers, inspectors, chemists, and other employees necessary to properly enforce this code.
(b)  The administrator or the administrator's designee shall develop an intra-agency career ladder program.  The program shall require the intra-agency posting of all nonentry level positions concurrently with any public posting.  The administrator or the administrator's designee shall develop a system of annual performance evaluations.  All merit pay for commission employees must be based on the system established under this subsection.  The employees shall be compensated as provided by legislative appropriation.  The commission or administrator shall determine the duties of all employees of the commission.
(c)  The administrator or the administrator's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with the requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the commission work force that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the commission work force of all persons for whom federal or state guidelines encourage a more equitable balance; and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(d)  A policy statement prepared under Subsection (c) of this section must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (c)(1) of this section, and be filed with the governor's office.  The governor's office shall deliver a biennial report to the legislature based on the information submitted under this subsection.  The report may be made separately or as a part of other biennial reports made to the legislature.
(e)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(4).
(f)  Repealed by Acts 1993, 73rd Leg., ch. 934, Sec. 110, eff. Sept. 1, 1993.
Acts 1977, 65th Leg., p. 398, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 403, Sec. 6, eff. Aug. 26, 1985;  Acts 1993, 73rd Leg., ch. 934, Sec. 5, 110, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 285, Sec. 31(4), eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 2.001, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.101. Human Resources Division

Sec. 5.101.  HUMAN RESOURCES DIVISION.  (a)  A human resources division is established within the commission.
(b)  The division is responsible for personnel, recruiting, hiring, and other human resource functions and shall provide recruiting and technical assistance to the divisions and regional offices of the commission.
(c)  The division shall develop policies and procedures related to recruitment, hiring, and other human resource functions that are in compliance with state and federal law.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.102. Recruitment

Sec. 5.102.  RECRUITMENT.  For the purpose of providing adequate personnel for all job positions in the commission, the commission shall:
(1)  develop a recruiting program that identifies underrepresentation with the commission and focuses on recruiting different ethnic, racial, or gender groups for job categories in which underrepresentation occurs;  and
(2)  require that all applicants be reviewed by the human resources division to ensure consideration of underrepresented ethnic, racial, or gender groups.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 6, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1079, Sec. 1, eff. June 19, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.103. Annual Report

Sec. 5.103.  ANNUAL REPORT.  The administrator shall report not later than February 1 of each year to the commission on the progress of the commission in the recruitment and hiring of personnel in compliance with the commission's recruitment and hiring policies.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.11. Administrator

Sec. 5.11.  ADMINISTRATOR.  (a)  The commission shall appoint an administrator to serve at its will and, subject to its supervision, administer this code.  Unless the commission orders otherwise, the administrator shall be manager, secretary, and custodian of all records.  The administrator shall devote the administrator's entire time to the office and shall receive a salary as appropriated by the legislature.
(b)  The administrator is also known as the executive director.
Acts 1977, 65th Leg., p. 398, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.12. Duties of Administrator

Sec. 5.12.  DUTIES OF ADMINISTRATOR.  The commission shall specify the duties and powers of the administrator by printed rules and regulations entered in its minutes and shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the administrator and the staff of the commission.  The commission or administrator may develop a procedure under which the commission or administrator, or the designee of either, may negotiate the repayment of debts owed the commission, including fees and delinquent taxes.  When this code imposes concurrent powers or duties on the commission and the administrator, the commission shall designate those powers and duties which it delegates to the administrator.  An order, decision, or judgment rendered and entered by the administrator in a matter in which the administrator has been authorized to act is not subject to change, review, or revision by the commission.  A concurrent power or duty which has not been specifically delegated to the administrator by the commission's order is retained by the commission, and an order, decision, or judgment rendered and entered by the commission in a matter in which the commission has retained authority is not subject to change, review, or revision by the administrator.
Acts 1977, 65th Leg., p. 398, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 403, Sec. 7, eff. Aug. 26, 1985;  Acts 1989, 71st Leg., 1st C.S., ch. 36, Sec. 2, eff. Oct. 18, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.13. Assistant Administrator

Sec. 5.13.  ASSISTANT ADMINISTRATOR.  (a)  The administrator shall appoint an assistant administrator.  The assistant administrator must meet the same qualifications as the administrator.  The assistant administrator shall take the constitutional oath of office.  In the absence of the administrator, or in case of the administrator's inability to act, the assistant administrator shall perform the duties conferred on the administrator by law or delegated to the administrator by the commission.  If there is a vacancy in the office of administrator, the assistant administrator shall perform the duties of the administrator until an administrator has been appointed by the commission.  At other times the assistant administrator shall perform those duties and have those functions, powers, and authority as may be delegated to the assistant administrator by the administrator.
(b)  The assistant administrator is also known as the deputy executive director.
Acts 1977, 65th Leg., p. 398, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.14. Inspectors and Representatives

Sec. 5.14.  INSPECTORS AND REPRESENTATIVES.  The commission or administrator may commission as many inspectors and representatives as are necessary to enforce this code and other laws administered by the commission.  Each inspector and representative shall take the constitutional oath of office, which shall be filed in the office of the commission.  Each commissioned inspector and representative has all the powers of a peace officer coextensive with the boundaries of the state.
Acts 1977, 65th Leg., p. 398, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st Leg., ch. 238, Sec. 40, eff. Jan. 1, 1990;  Acts 2003, 78th Leg., ch. 285, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.141. Purchase of Firearm From Commission by Inspector or Representative

Sec. 5.141.  PURCHASE OF FIREARM FROM COMMISSION BY INSPECTOR OR REPRESENTATIVE.  (a)  A commissioned inspector or representative of the commission may purchase for an amount set by the commission, not to exceed fair market value, a firearm issued to the inspector or representative by the commission if the firearm is not listed as a prohibited weapon under Section 46.05, Penal Code, and if the firearm is retired by the commission for replacement purposes.
(b)  The commission may adopt rules for the sale of a retired firearm to an inspector or representative of the commission.
Added by Acts 1991, 72nd Leg., ch. 37, Sec. 2, eff. April 19, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.142. Special Inspectors or Representatives

Sec. 5.142.  SPECIAL INSPECTORS OR REPRESENTATIVES.  (a)  The commission or administrator may appoint as a special inspector or representative an honorably retired commissioned inspector or representative.
(b)  A special inspector or representative is subject to the orders of the commission and is subject to the orders of the governor for special duty to the same extent as other law enforcement officers.
(c)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(5).
(d)  A special inspector or representative is not entitled to compensation from the state for service as a special inspector or representative.
(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.
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.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.15. Assistant Attorneys General

Sec. 5.15.  ASSISTANT ATTORNEYS GENERAL.  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.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.16. Representation in Appeal to Commission

Sec. 5.16.  REPRESENTATION IN APPEAL TO COMMISSION.  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.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.17. Suits Against the Commission: Venue

Sec. 5.17.  SUITS AGAINST THE COMMISSION:  VENUE.  In all suits against the commission, except appeals governed by Section 11.67 or 32.18 of this code, venue is in Travis County.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.18. Audit

Sec. 5.18.  AUDIT.  The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
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.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.20. Standards of Conduct Information

Sec. 5.20.  STANDARDS OF CONDUCT INFORMATION.  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.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 7, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter A. Administrative Provisions › Section 5.21. Advisory Committees

Sec. 5.21.  ADVISORY COMMITTEES.  (a) The commission, by rule, may establish advisory committees it considers necessary to accomplish the purposes of this code.
(b)  Chapter 2110, Government Code, applies to an advisory committee created by the commission.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter B. Powers and Duties › Section 5.31. General Powers and Duties

Sec. 5.31.  GENERAL POWERS AND DUTIES.  (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.
(b)  The commission shall:
(1)  protect the public safety by deterring and detecting violations of this code;
(2)  promote legal and responsible alcohol consumption;
(3)  ensure fair competition within the alcoholic beverage industry;
(4)  ensure consistent, predictable, and timely enforcement of this code;
(5)  ensure a consistent, predictable, and timely licensing and permitting process;
(6)  promote and foster voluntary compliance with this code; and
(7)  communicate the requirements of this code clearly and consistently.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter B. Powers and Duties › Section 5.32. May Require Reports

Sec. 5.32.  MAY REQUIRE REPORTS.  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.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter B. Powers and Duties › Section 5.321. Electronic Signatures

Sec. 5.321.  ELECTRONIC SIGNATURES.  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.
Added by Acts 2015, 84th Leg., R.S., Ch. 40 (S.B. 700), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter B. Powers and Duties › Section 5.33. Regulate Licensees and Permittees

Sec. 5.33.  REGULATE LICENSEES AND PERMITTEES.  The commission shall supervise and regulate licensees and permittees and their places of business in matters affecting the public.  This authority is not limited to matters specifically mentioned in this code.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter B. Powers and Duties › Section 5.331. Public Disturbance Reports

Sec. 5.331.  PUBLIC DISTURBANCE REPORTS.  Local law enforcement agencies in each county with a population of 3.3 million or more shall send to the commission reports and other data concerning shootings, stabbings, and other public disturbances that occur on the premises of a permittee or licensee.  The reports and data shall be incorporated into the record of the permittee or licensee.  The administrator of the Texas Alcoholic Beverage Commission shall prescribe the form and content of such reports.
Added by Acts 1985, 69th Leg., ch. 688, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 2 - Administration of Code › Chapter 5 - Alcoholic Beverage Commission › Subchapter B. Powers and Duties › Section 5.34. Delegation of Authority

Sec. 5.34.  DELEGATION OF AUTHORITY.  (a)  The commission may authorize its commissioned peace officers, servants, and employees to carry out, under its direction, the provisions of this code.
(b)  The commission shall develop and implement policies that clearly define the respective responsibilities of the commission and the staff of the commission.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 8, eff. Sept. 1, 1993.