BILL ANALYSIS S.B. 442 By: Sims/et al. (Wilson) 5-16-95 Committee Report (Unamended) BACKGROUND In 1993, the legislature passed a bill that allows the Texas Alcoholic Beverage Commission (TABC) to appoint as a "special inspector" any honorably retired commissioned inspector of the commission. In forming policy and guidelines for the issuance of these "special" commissions, it was learned that the Texas Commission on Law Enforcement Standards and Education had no special category for these honorably retired special and nonemployment commissions; therefore the general rules applying to full-time employment commissions were applied. In effect, any honorably retired TABC officer who had not held a peace officer's commission within the past two years must retake all entrance level written license examinations and any retiree who had not held a peace officer's commission within six months must undergo psychiatric and drug testing as part of the license reactivation process. The circumstances of the special commissions are mostly honorary, earned as a reward of between 20 and 40 years of faithful and honorable service as a peace officer to the citizens of Texas and the Alcoholic Beverage Commission. There are no salary, benefits, or duty assignments, although these agents could help in emergencies and unique needs under the direction of a full-time salaried officer. However, these honorably retired officers seeking a special commission allowed to them as a reward for their service are subjected to the same rules and requirements as a rookie police officer. PURPOSE S.B. 442 authorizes the Texas Alcoholic Beverage Commission to appoint special agents or representatives and sets forth the duties of the agents and representatives. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5.10(a), Alcoholic Beverage Code, to authorize the Alcoholic Beverage Commission (commission) or administrator to employ agents, among others, to properly enforce the Alcoholic Beverage Code. SECTION 2. Amends Sections 5.14, 5.141, and 5.142, Alcoholic Beverage Code, to make conforming changes. SECTION 3. Amends Section 5.44(a), Alcoholic Beverage Code, to make conforming changes. SECTION 4. Amends Section 415.034(e), Government Code, to include a special agent or representative of the commission in the list of persons who may not be required to undergo training. SECTION 5. (a) Authorizes the commission or an administrator to appoint as a special agent or representative an honorably retired commissioned agent or representative if the person meets certain criteria. (b) Provides that a special agent or representative is not required to comply with certain rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education (standards commission). (c) Provides that a special agent or representative is not required to comply with the continuing education requirements. (d) Requires the standards commission to issue a permanent peace officer's license to an appointed special agent or representative who complies with all licensing requirements. (e) Requires a special agent or representative to comply with all other requirements for special agents or representatives commissioned by the commission. (f) Provides that this section expires August 31, 1996. SECTION 6. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION SB 442 was considered in a Formal Meeting on May 16, 1995. The Chair laid out SB 442, and explained the bill. There was no objection. Rep. Pickett moved that the full committee adopt SB 442, and that it be reported favorably to the full House with the recommendation that it do pass and be printed. The motion prevailed by the following vote: AYES: 7, NAYS: 0, ABSENT: 2.