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.