By Pickett H.B. No. 2857
75R7249 BEM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain employees of the Texas Alcoholic Beverage
1-3 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. Section 5.14, Alcoholic Beverage Code, is amended
1-11 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 SECTION 3. Section 5.141, Alcoholic Beverage Code, is
1-23 amended to read as follows:
1-24 Sec. 5.141. PURCHASE OF FIREARM FROM COMMISSION BY AGENT
2-1 [INSPECTOR] OR REPRESENTATIVE. (a) A commissioned agent
2-2 [inspector] or representative of the commission may purchase for an
2-3 amount set by the commission, not to exceed fair market value, a
2-4 firearm issued to the agent [inspector] or representative by the
2-5 commission if the firearm is not listed as a prohibited weapon
2-6 under Section 46.05, Penal Code, and if the firearm is retired by
2-7 the commission for replacement purposes.
2-8 (b) The commission may adopt rules for the sale of a retired
2-9 firearm to an agent [inspector] or representative of the
2-10 commission.
2-11 SECTION 4. Section 5.142, Alcoholic Beverage Code, is
2-12 amended to read as follows:
2-13 Sec. 5.142. SPECIAL AGENTS [INSPECTORS] OR REPRESENTATIVES.
2-14 (a) The commission or administrator may appoint as a special agent
2-15 [inspector] or representative an honorably retired commissioned
2-16 agent [inspector] or representative.
2-17 (b) A special agent [inspector] or representative is subject
2-18 to the orders of the commission and is subject to the orders of the
2-19 governor for special duty to the same extent as other law
2-20 enforcement officers.
2-21 (c) Before issuance of a commission to a special agent
2-22 [inspector] or representative, the person shall enter into a good
2-23 and sufficient bond executed by a surety company authorized to do
2-24 business in the state in the amount of $2,500, approved by the
2-25 commission, and indemnifying all persons against damages resulting
2-26 from an unlawful act of the person as a special agent [inspector]
2-27 or representative.
3-1 (d) A special agent [inspector] or representative is not
3-2 entitled to compensation from the state for service as a special
3-3 agent [inspector] or representative.
3-4 (e) A special agent [inspector] or representative commission
3-5 expires January 1 of the first odd-numbered year after appointment.
3-6 The commission may revoke a special agent [inspector] or
3-7 representative commission at any time for cause.
3-8 SECTION 5. Section 5.44(a), Alcoholic Beverage Code, is
3-9 amended to read as follows:
3-10 (a) The commission or administrator, or an agent [inspector]
3-11 or representative of the commission under the direction of the
3-12 commission, for the purposes of this code, may:
3-13 (1) issue subpoenas;
3-14 (2) compel the attendance of witnesses;
3-15 (3) administer oaths;
3-16 (4) certify to official acts;
3-17 (5) take depositions inside or outside the state, as
3-18 provided by law;
3-19 (6) compel the production of pertinent books,
3-20 accounts, records, documents, and testimony; and
3-21 (7) certify to copies of documents as being true
3-22 copies on file in the official records of the commission.
3-23 SECTION 6. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.