By:  Sims                                              S.B. No. 442
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to appointment and duties of agents and special agents of
    1-2  the Texas Alcoholic Beverage Commission.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (a), Section 5.10, Alcoholic Beverage
    1-5  Code, is amended to read as follows:
    1-6        (a)  The commission or administrator may employ clerks,
    1-7  stenographers, agents, inspectors, chemists, and other employees
    1-8  necessary to properly enforce this code.
    1-9        SECTION 2.  Sections 5.14, 5.141, and 5.142, Alcoholic
   1-10  Beverage Code, are amended to read as follows:
   1-11        Sec. 5.14.  AGENTS <INSPECTORS> AND REPRESENTATIVES.  The
   1-12  commission or administrator may commission as many agents
   1-13  <inspectors> and representatives as are necessary to enforce this
   1-14  code and other laws administered by the commission.  Each agent
   1-15  <inspector> and representative shall take the constitutional oath
   1-16  of office, which shall be filed in the office of the commission.
   1-17  Each commissioned agent <inspector> and representative has all the
   1-18  powers of a peace officer coextensive with the boundaries of the
   1-19  state.  Each commissioned agent <inspector> and representative
   1-20  shall make and execute a bond as required by the commission.
   1-21        Sec. 5.141.  PURCHASE OF FIREARM FROM COMMISSION BY AGENT
   1-22  <INSPECTOR> OR REPRESENTATIVE.  (a)  A commissioned agent
   1-23  <inspector> or representative of the commission may purchase for an
   1-24  amount set by the commission, not to exceed fair market value, a
    2-1  firearm issued to the agent <inspector> or representative by the
    2-2  commission if the firearm is not listed as a prohibited weapon
    2-3  under Section 46.06, Penal Code, and if the firearm is retired by
    2-4  the commission for replacement purposes.
    2-5        (b)  The commission may adopt rules for the sale of a retired
    2-6  firearm to an agent <inspector> or representative of the
    2-7  commission.
    2-8        Sec. 5.142.  SPECIAL AGENTS <INSPECTORS> OR REPRESENTATIVES.
    2-9  (a)  The commission or administrator may appoint as a special agent
   2-10  <inspector> or representative an honorably retired commissioned
   2-11  agent <inspector> or representative.
   2-12        (b)  A special agent <inspector> or representative is subject
   2-13  to the orders of the commission and is subject to the orders of the
   2-14  governor for special duty to the same extent as other law
   2-15  enforcement officers.
   2-16        (c)  Before issuance of a commission to a special agent
   2-17  <inspector> or representative, the person shall enter into a good
   2-18  and sufficient bond executed by a surety company authorized to do
   2-19  business in the state in the amount of $2,500, approved by the
   2-20  commission, and indemnifying all persons against damages resulting
   2-21  from an unlawful act of the person as a special agent <inspector>
   2-22  or representative.
   2-23        (d)  A special agent <inspector> or representative is not
   2-24  entitled to compensation from the state for service as a special
   2-25  agent <inspector> or representative.
   2-26        (e)  A special agent <inspector> or representative commission
   2-27  expires January 1 of the first odd-numbered year after appointment.
    3-1  The commission may revoke a special agent <inspector> or
    3-2  representative commission at any time for cause.
    3-3        SECTION 3.  Subsection (a), Section 5.44, Alcoholic Beverage
    3-4  Code, is amended to read as follows:
    3-5        (a)  The commission or administrator, or an agent <inspector>
    3-6  or representative of the commission under the direction of the
    3-7  commission, for the purposes of this code, may:
    3-8              (1)  issue subpoenas;
    3-9              (2)  compel the attendance of witnesses;
   3-10              (3)  administer oaths;
   3-11              (4)  certify to official acts;
   3-12              (5)  take depositions inside or outside the state, as
   3-13  provided by law;
   3-14              (6)  compel the production of pertinent books,
   3-15  accounts, records, documents, and testimony; and
   3-16              (7)  certify to copies of documents as being true
   3-17  copies on file in the official records of the commission.
   3-18        SECTION 4.  Subsection (e), Section 415.034, Government Code,
   3-19  is amended to read as follows:
   3-20        (e)  An honorably retired commissioned officer of the
   3-21  Department of Public Safety who is a special ranger under Section
   3-22  411.023 and a special agent or representative of the Texas
   3-23  Alcoholic Beverage Commission appointed under Section 5.142,
   3-24  Alcoholic Beverage Code, may not be required to undergo training
   3-25  under Subsection (b).
   3-26        SECTION 5.  (a)  The Texas Alcoholic Beverage Commission or
   3-27  an administrator appointed under Section 5.11, Alcoholic Beverage
    4-1  Code, may appoint as a special agent or representative an honorably
    4-2  retired commissioned agent or representative if the agent or
    4-3  representative:
    4-4              (1)  retired from the Texas Alcoholic Beverage
    4-5  Commission before September 30, 1993;
    4-6              (2)  passes a background investigation; and
    4-7              (3)  except as provided by Subsection (b) of this
    4-8  section, meets all requirements imposed by rules adopted by the
    4-9  Commission on Law Enforcement Officer Standards and Education and
   4-10  in effect on January 1, 1995.
   4-11        (b)  A special agent or representative appointed under
   4-12  Subsection (a) of this section is not required to comply with rules
   4-13  adopted by the Commission on Law Enforcement Officer Standards and
   4-14  Education and in effect on January 1, 1995, that require a peace
   4-15  officer to:
   4-16              (1)  submit to a written license examination, physical
   4-17  examination, or psychological examination; and
   4-18              (2)  comply with minimum training standards, in-service
   4-19  training requirements, or license reactivation requirements.
   4-20        (c)  A special agent or representative appointed under
   4-21  Subsection (a) is not required to comply with the continuing
   4-22  education requirements prescribed by Section 415.034, Government
   4-23  Code.
   4-24        (d)  The Commission on Law Enforcement Officer Standards and
   4-25  Education shall issue a permanent peace officer's license to a
   4-26  special agent or representative who is appointed under Subsection
   4-27  (a) of this section and who complies with all licensing application
    5-1  requirements.
    5-2        (e)  Except as provided by this section, a special agent or
    5-3  representative commissioned under this section shall comply with
    5-4  all other requirements for special agents or representatives
    5-5  commissioned by the Texas Alcoholic Beverage Commission.
    5-6        (f)  This section expires August 31, 1996.
    5-7        SECTION 6.  The importance of this legislation and the
    5-8  crowded condition of the calendars in both houses create an
    5-9  emergency and an imperative public necessity that the
   5-10  constitutional rule requiring bills to be read on three several
   5-11  days in each house be suspended, and this rule is hereby suspended,
   5-12  and that this Act take effect and be in force from and after its
   5-13  passage, and it is so enacted.