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.