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.