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.