By Wilson H.B. No. 1176
74R3697 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to appointment and duties of agents and special agents of
1-3 the Texas Alcoholic Beverage Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.10(a), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (a) The commission or administrator may employ clerks,
1-8 stenographers, agents <inspectors>, chemists, and other employees
1-9 necessary to properly enforce this code.
1-10 SECTION 2. Sections 5.14, 5.141, and 5.142, Alcoholic
1-11 Beverage Code, are amended to read as follows:
1-12 Sec. 5.14. AGENTS <INSPECTORS> AND REPRESENTATIVES. The
1-13 commission or administrator may commission as many agents
1-14 <inspectors> and representatives as are necessary to enforce this
1-15 code and other laws administered by the commission. Each agent
1-16 <inspector> and representative shall take the constitutional oath
1-17 of office, which shall be filed in the office of the commission.
1-18 Each commissioned agent <inspector> and representative has all the
1-19 powers of a peace officer coextensive with the boundaries of the
1-20 state. Each commissioned agent <inspector> and representative
1-21 shall make and execute a bond as required by the commission.
1-22 Sec. 5.141. PURCHASE OF FIREARM FROM COMMISSION BY AGENT
1-23 <INSPECTOR> OR REPRESENTATIVE. (a) A commissioned agent
1-24 <inspector> or representative of the commission may purchase for an
2-1 amount set by the commission, not to exceed fair market value, a
2-2 firearm issued to the agent <inspector> or representative by the
2-3 commission if the firearm is not listed as a prohibited weapon
2-4 under Section 46.06, Penal Code, and if the firearm is retired by
2-5 the commission for replacement purposes.
2-6 (b) The commission may adopt rules for the sale of a retired
2-7 firearm to an agent <inspector> or representative of the
2-8 commission.
2-9 Sec. 5.142. SPECIAL AGENTS <INSPECTORS> OR REPRESENTATIVES.
2-10 (a) The commission or administrator may appoint as a special agent
2-11 <inspector> or representative an honorably retired commissioned
2-12 agent <inspector> or representative.
2-13 (b) A special agent <inspector> or representative is subject
2-14 to the orders of the commission and is subject to the orders of the
2-15 governor for special duty to the same extent as other law
2-16 enforcement officers.
2-17 (c) Before issuance of a commission to a special agent
2-18 <inspector> or representative, the person shall enter into a good
2-19 and sufficient bond executed by a surety company authorized to do
2-20 business in the state in the amount of $2,500, approved by the
2-21 commission, and indemnifying all persons against damages resulting
2-22 from an unlawful act of the person as a special agent <inspector>
2-23 or representative.
2-24 (d) A special agent <inspector> or representative is not
2-25 entitled to compensation from the state for service as a special
2-26 agent <inspector> or representative.
2-27 (e) A special agent <inspector> or representative commission
3-1 expires January 1 of the first odd-numbered year after appointment.
3-2 The commission may revoke a special agent <inspector> or
3-3 representative commission at any time for cause.
3-4 SECTION 3. Section 5.44(a), Alcoholic Beverage Code, is
3-5 amended to read as follows:
3-6 (a) The commission or administrator, or an agent <inspector>
3-7 or representative of the commission under the direction of the
3-8 commission, for the purposes of this code, may:
3-9 (1) issue subpoenas;
3-10 (2) compel the attendance of witnesses;
3-11 (3) administer oaths;
3-12 (4) certify to official acts;
3-13 (5) take depositions inside or outside the state, as
3-14 provided by law;
3-15 (6) compel the production of pertinent books,
3-16 accounts, records, documents, and testimony; and
3-17 (7) certify to copies of documents as being true
3-18 copies on file in the official records of the commission.
3-19 SECTION 4. Section 201.75, Alcoholic Beverage Code, is
3-20 amended to read as follows:
3-21 Sec. 201.75. DELIVERY OF STAMPS. The commission shall
3-22 prescribe the manner in which tax stamps are delivered by the state
3-23 treasurer to the commission for use and sale by its agents
3-24 <inspectors> in charge of ports of entry.
3-25 SECTION 5. Section 415.034(e), Government Code, is amended
3-26 to read as follows:
3-27 (e) An honorably retired commissioned officer of the
4-1 Department of Public Safety who is a special ranger under Section
4-2 411.023 and a special agent or representative of the Texas
4-3 Alcoholic Beverage Commission appointed under Section 5.142,
4-4 Alcoholic Beverage Code, may not be required to undergo training
4-5 under Subsection (b).
4-6 SECTION 6. Section 6A, Chapter 42, General Laws, Acts of the
4-7 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
4-8 Vernon's Texas Civil Statutes), is amended to read as follows:
4-9 Sec. 6A. (a) In addition to the authority granted under
4-10 Section 6 of this Act to certain officers to weigh a loaded motor
4-11 vehicle, a port-of-entry supervisor or agent <inspector> employed
4-12 by the Alcoholic Beverage Commission who has reason to believe that
4-13 the gross weight or axle load of a loaded motor vehicle is unlawful
4-14 may weigh the vehicle by means of portable or stationary scales
4-15 furnished or approved by the Department of Public Safety. If the
4-16 vehicle exceeds the maximum gross weight authorized by law, plus
4-17 the tolerance allowance provided by Section 6, the port-of-entry
4-18 supervisor or agent <inspector> employed by the Alcoholic Beverage
4-19 Commission may prohibit the vehicle from proceeding further into
4-20 the state.
4-21 (b) The prohibition provided by Subdivision 4 of Section 6
4-22 of this Act applies also to gifts or promises of gifts made to a
4-23 port-of-entry supervisor or agent <inspector> employed by the
4-24 Alcoholic Beverage Commission.
4-25 SECTION 7. (a) The Texas Alcoholic Beverage Commission or
4-26 an administrator appointed under Section 5.11, Alcoholic Beverage
4-27 Code, may appoint as a special agent or representative an honorably
5-1 retired commissioned agent or representative if the agent or
5-2 representative:
5-3 (1) retired from the Texas Alcoholic Beverage
5-4 Commission before September 30, 1993;
5-5 (2) passes a background investigation; and
5-6 (3) except as provided by Subsection (b), meets all
5-7 requirements imposed by rules adopted by the Texas Commission on
5-8 Law Enforcement Officer Standards and Education and in effect on
5-9 January 1, 1995.
5-10 (b) A special agent or representative appointed under
5-11 Subsection (a) is not required to comply with rules adopted by the
5-12 Texas Commission on Law Enforcement Officer Standards and Education
5-13 and in effect on January 1, 1995, that require a peace officer to:
5-14 (1) submit to a written license examination, physical
5-15 examination, or psychological examination; and
5-16 (2) comply with minimum training standards, in-service
5-17 training requirements, or license reactivation requirements.
5-18 (c) A special agent or representative appointed under
5-19 Subsection (a) is not required to comply with the continuing
5-20 education requirements prescribed by Section 415.034, Government
5-21 Code.
5-22 (d) The Texas Commission on Law Enforcement Officer
5-23 Standards and Education shall issue a permanent peace officer's
5-24 license to a special agent or representative who is appointed under
5-25 Subsection (a) and who complies with all licensing application
5-26 requirements.
5-27 (e) Except as provided by this section, a special agent or
6-1 representative commissioned under this section shall comply with
6-2 all other requirements for special agents or representatives
6-3 commissioned by the Texas Alcoholic Beverage Commission.
6-4 (f) This section expires August 31, 1996.
6-5 SECTION 8. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended,
6-10 and that this Act take effect and be in force from and after its
6-11 passage, and it is so enacted.