1-1 By: Sims S.B. No. 442
1-2 (In the Senate - Filed February 3, 1995; February 6, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 21, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 21, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 442 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to appointment and duties of agents and special agents of
1-11 the Texas Alcoholic Beverage Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 5.10, Alcoholic Beverage
1-14 Code, is amended to read as follows:
1-15 (a) The commission or administrator may employ clerks,
1-16 stenographers, agents, inspectors, chemists, and other employees
1-17 necessary to properly enforce this code.
1-18 SECTION 2. Sections 5.14, 5.141, and 5.142, Alcoholic
1-19 Beverage Code, are amended to read as follows:
1-20 Sec. 5.14. AGENTS <INSPECTORS> AND REPRESENTATIVES. The
1-21 commission or administrator may commission as many agents
1-22 <inspectors> and representatives as are necessary to enforce this
1-23 code and other laws administered by the commission. Each agent
1-24 <inspector> and representative shall take the constitutional oath
1-25 of office, which shall be filed in the office of the commission.
1-26 Each commissioned agent <inspector> and representative has all the
1-27 powers of a peace officer coextensive with the boundaries of the
1-28 state. Each commissioned agent <inspector> and representative
1-29 shall make and execute a bond as required by the commission.
1-30 Sec. 5.141. PURCHASE OF FIREARM FROM COMMISSION BY AGENT
1-31 <INSPECTOR> OR REPRESENTATIVE. (a) A commissioned agent
1-32 <inspector> or representative of the commission may purchase for an
1-33 amount set by the commission, not to exceed fair market value, a
1-34 firearm issued to the agent <inspector> or representative by the
1-35 commission if the firearm is not listed as a prohibited weapon
1-36 under Section 46.06, Penal Code, and if the firearm is retired by
1-37 the commission for replacement purposes.
1-38 (b) The commission may adopt rules for the sale of a retired
1-39 firearm to an agent <inspector> or representative of the
1-40 commission.
1-41 Sec. 5.142. SPECIAL AGENTS <INSPECTORS> OR REPRESENTATIVES.
1-42 (a) The commission or administrator may appoint as a special agent
1-43 <inspector> or representative an honorably retired commissioned
1-44 agent <inspector> or representative.
1-45 (b) A special agent <inspector> or representative is subject
1-46 to the orders of the commission and is subject to the orders of the
1-47 governor for special duty to the same extent as other law
1-48 enforcement officers.
1-49 (c) Before issuance of a commission to a special agent
1-50 <inspector> or representative, the person shall enter into a good
1-51 and sufficient bond executed by a surety company authorized to do
1-52 business in the state in the amount of $2,500, approved by the
1-53 commission, and indemnifying all persons against damages resulting
1-54 from an unlawful act of the person as a special agent <inspector>
1-55 or representative.
1-56 (d) A special agent <inspector> or representative is not
1-57 entitled to compensation from the state for service as a special
1-58 agent <inspector> or representative.
1-59 (e) A special agent <inspector> or representative commission
1-60 expires January 1 of the first odd-numbered year after appointment.
1-61 The commission may revoke a special agent <inspector> or
1-62 representative commission at any time for cause.
1-63 SECTION 3. Subsection (a), Section 5.44, Alcoholic Beverage
1-64 Code, is amended to read as follows:
1-65 (a) The commission or administrator, or an agent <inspector>
1-66 or representative of the commission under the direction of the
1-67 commission, for the purposes of this code, may:
1-68 (1) issue subpoenas;
2-1 (2) compel the attendance of witnesses;
2-2 (3) administer oaths;
2-3 (4) certify to official acts;
2-4 (5) take depositions inside or outside the state, as
2-5 provided by law;
2-6 (6) compel the production of pertinent books,
2-7 accounts, records, documents, and testimony; and
2-8 (7) certify to copies of documents as being true
2-9 copies on file in the official records of the commission.
2-10 SECTION 4. Subsection (e), Section 415.034, Government Code,
2-11 is amended to read as follows:
2-12 (e) An honorably retired commissioned officer of the
2-13 Department of Public Safety who is a special ranger under Section
2-14 411.023 and a special agent or representative of the Texas
2-15 Alcoholic Beverage Commission appointed under Section 5.142,
2-16 Alcoholic Beverage Code, may not be required to undergo training
2-17 under Subsection (b).
2-18 SECTION 5. (a) The Texas Alcoholic Beverage Commission or
2-19 an administrator appointed under Section 5.11, Alcoholic Beverage
2-20 Code, may appoint as a special agent or representative an honorably
2-21 retired commissioned agent or representative if the agent or
2-22 representative:
2-23 (1) retired from the Texas Alcoholic Beverage
2-24 Commission before September 30, 1993;
2-25 (2) passes a background investigation; and
2-26 (3) except as provided by Subsection (b) of this
2-27 section, meets all requirements imposed by rules adopted by the
2-28 Commission on Law Enforcement Officer Standards and Education and
2-29 in effect on January 1, 1995.
2-30 (b) A special agent or representative appointed under
2-31 Subsection (a) of this section is not required to comply with rules
2-32 adopted by the Commission on Law Enforcement Officer Standards and
2-33 Education and in effect on January 1, 1995, that require a peace
2-34 officer to:
2-35 (1) submit to a written license examination, physical
2-36 examination, or psychological examination; and
2-37 (2) comply with minimum training standards, in-service
2-38 training requirements, or license reactivation requirements.
2-39 (c) A special agent or representative appointed under
2-40 Subsection (a) is not required to comply with the continuing
2-41 education requirements prescribed by Section 415.034, Government
2-42 Code.
2-43 (d) The Commission on Law Enforcement Officer Standards and
2-44 Education shall issue a permanent peace officer's license to a
2-45 special agent or representative who is appointed under Subsection
2-46 (a) of this section and who complies with all licensing application
2-47 requirements.
2-48 (e) Except as provided by this section, a special agent or
2-49 representative commissioned under this section shall comply with
2-50 all other requirements for special agents or representatives
2-51 commissioned by the Texas Alcoholic Beverage Commission.
2-52 (f) This section expires August 31, 1996.
2-53 SECTION 6. The importance of this legislation and the
2-54 crowded condition of the calendars in both houses create an
2-55 emergency and an imperative public necessity that the
2-56 constitutional rule requiring bills to be read on three several
2-57 days in each house be suspended, and this rule is hereby suspended,
2-58 and that this Act take effect and be in force from and after its
2-59 passage, and it is so enacted.
2-60 * * * * *