87R5374 JAM-D

By: Middleton H.B. No. 4069

A BILL TO BE ENTITLED

AN ACT

relating to abolition of the Texas Alcoholic Beverage Commission and the transfer of the regulation of alcoholic beverages to the Texas Department of Licensing and Regulation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1.04, Alcoholic Beverage Code, is amended by amending Subdivision (10) and adding Subdivision (29) to read as follows:

(10) "Commission" means the Texas Department of Licensing and Regulation [Alcoholic Beverage Commission].

(29) "Administrator" means the executive director of the Texas Department of Licensing and Regulation.

SECTION 2. Section 1.09, Alcoholic Beverage Code, as effective September 1, 2021, is amended to read as follows:

Sec. 1.09. REFERENCES TO CERTAIN TERMS. (a) A reference in this code to:

(1) "Ale," "beer," or "malt liquor" means a malt beverage.

(2) "Brewer's permit" or "manufacturer's license" means a brewer's license.

(3) "Nonresident brewer's permit" or "nonresident manufacturer's license" means a nonresident brewer's license.

(4) "Wine and beer retailer's off-premise permit" means a wine and malt beverage retailer's off-premise permit.

(5) "Wine and beer retailer's permit" means a wine and malt beverage retailer's permit.

(b) A reference in this code or in any other law to the Texas Alcoholic Beverage Commission means the Texas Department of Licensing and Regulation.

SECTION 3. Article 2.12, Code of Criminal Procedure, is amended to read as follows:

Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(4) rangers, officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;

(6) [law enforcement agents of the Texas Alcoholic Beverage Commission;

[(7)] each member of an arson investigating unit commissioned by a city, a county, or the state;

(7) [(8)] officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;

(8) [(9)] officers commissioned by the General Services Commission;

(9) [(10)] law enforcement officers commissioned by the Parks and Wildlife Commission;

(10) [(11)] airport police officers commissioned by a city with a population of more than 1.18 million located primarily in a county with a population of 2 million or more that operates an airport that serves commercial air carriers;

(11) [(12)] airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (10) [(11)], that operates an airport that serves commercial air carriers;

(12) [(13)] municipal park and recreational patrolmen and security officers;

(13) [(14)] security officers and investigators commissioned as peace officers by the comptroller;

(14) [(15)] officers commissioned by a water control and improvement district under Section 49.216, Water Code;

(15) [(16)] officers commissioned by a board of trustees under Chapter 54, Transportation Code;

(16) [(17)] investigators commissioned by the Texas Medical Board;

(17) [(18)] officers commissioned by:

(A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code;

(B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code;

(C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; and

(D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code;

(18) [(19)] county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;

(19) [(20)] investigators employed by the Texas Racing Commission;

(20) [(21)] officers commissioned under Chapter 554, Occupations Code;

(21) [(22)] officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;

(22) [(23)] investigators commissioned by the attorney general under Section 402.009, Government Code;

(23) [(24)] security officers and investigators commissioned as peace officers under Chapter 466, Government Code;

(24) [(25)] officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;

(25) [(26)] officers commissioned by the state fire marshal under Chapter 417, Government Code;

(26) [(27)] an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code;

(27) [(28)] apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code;

(28) [(29)] officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code;

(29) [(30)] investigators commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code;

(30) [(31)] commission investigators commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code;

(31) [(32)] the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code;

(32) [(33)] officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section;

(33) [(34)] investigators commissioned by the Texas Juvenile Justice Department as officers under Section 221.011, Human Resources Code; and

(34) [(35)] the fire marshal and any related officers, inspectors, or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.

SECTION 4. Article 18B.001(1), Code of Criminal Procedure, is amended to read as follows:

(1) "Authorized peace officer" means:

(A) a sheriff or deputy sheriff;

(B) a constable or deputy constable;

(C) a marshal or police officer of a municipality;

(D) a ranger or officer commissioned by the Public Safety Commission or the director of the department;

(E) an investigator of a prosecutor's office;

(F) [a law enforcement agent of the Texas Alcoholic Beverage Commission;

[(G)] a law enforcement officer commissioned by the Parks and Wildlife Commission;

(G) [(H)] an enforcement officer appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code;

(H) [(I)] an investigator commissioned by the attorney general under Section 402.009, Government Code; or

(I) [(J)] a member of an arson investigating unit commissioned by a municipality, a county, or the state.

SECTION 5. Section 402.035(c), Government Code, is amended to read as follows:

(c) The task force is composed of the following:

(1) the governor or the governor's designee;

(2) the attorney general or the attorney general's designee;

(3) the executive commissioner of the Health and Human Services Commission or the executive commissioner's designee;

(4) the commissioner of the Department of Family and Protective Services or the commissioner's designee;

(5) the commissioner of the Department of State Health Services or the commissioner's designee;

(6) the public safety director of the Department of Public Safety or the director's designee;

(7) one representative from each of the following state agencies, appointed by the chief administrative officer of the respective agency:

(A) the Texas Workforce Commission;

(B) the Texas Department of Criminal Justice;

(C) the Texas Juvenile Justice Department;

(D) the Texas Education Agency;

(E) [the Texas Alcoholic Beverage Commission;

[(F)] the Parks and Wildlife Department;

(F) [(G)] the Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families;

(G) [(H)] the Texas Department of Licensing and Regulation;

(H) [(I)] the Office of Court Administration of the Texas Judicial System;

(I) [(J)] the office of the secretary of state; and

(J) [(K)] the Texas Commission on Law Enforcement; and

(8) as appointed by the attorney general:

(A) a chief public defender employed by a public defender's office, as defined by Article 26.044(a), Code of Criminal Procedure, or an attorney designated by the chief public defender;

(B) an attorney representing the state;

(C) a representative of:

(i) a hotel and motel association;

(ii) a district and county attorneys association;

(iii) a state police association; and

(iv) a statewide medical association;

(D) representatives of sheriff's departments;

(E) representatives of local law enforcement agencies affected by human trafficking; and

(F) representatives of nongovernmental entities making comprehensive efforts to combat human trafficking by:

(i) identifying human trafficking victims;

(ii) providing legal or other services to human trafficking victims;

(iii) participating in community outreach or public awareness efforts regarding human trafficking;

(iv) providing or developing training regarding the prevention of human trafficking; or

(v) engaging in other activities designed to prevent human trafficking.

SECTION 6. Section 572.003(c), Government Code, is amended to read as follows:

(c) The term means a member of:

(1) the Public Utility Commission of Texas;

(2) the Texas Commission on Environmental Quality;

(3) [the Texas Alcoholic Beverage Commission;

[(4)] the Finance Commission of Texas;

(4) [(5)] the Texas Facilities Commission;

(5) [(6)] the Texas Board of Criminal Justice;

(6) [(7)] the board of trustees of the Employees Retirement System of Texas;

(7) [(8)] the Texas Transportation Commission;

(8) [(9)] the Texas Department of Insurance;

(9) [(10)] the Parks and Wildlife Commission;

(10) [(11)] the Public Safety Commission;

(11) [(12)] the Texas Ethics Commission;

(12) [(13)] the State Securities Board;

(13) [(14)] the Texas Water Development Board;

(14) [(15)] the governing board of a public senior college or university as defined by Section 61.003, Education Code, or of The University of Texas Southwestern Medical Center, The University of Texas Medical Branch at Galveston, The University of Texas Health Science Center at Houston, The University of Texas Health Science Center at San Antonio, The University of Texas M. D. Anderson Cancer Center, The University of Texas Health Science Center at Tyler, University of North Texas Health Science Center at Fort Worth, Texas Tech University Health Sciences Center, Texas State Technical College--Harlingen, Texas State Technical College--Marshall, Texas State Technical College--Sweetwater, or Texas State Technical College--Waco;

(15) [(16)] the Texas Higher Education Coordinating Board;

(16) [(17)] the Texas Workforce Commission;

(17) [(18)] the board of trustees of the Teacher Retirement System of Texas;

(18) [(19)] the Credit Union Commission;

(19) [(20)] the School Land Board;

(20) [(21)] the board of the Texas Department of Housing and Community Affairs;

(21) [(22)] the Texas Racing Commission;

(22) [(23)] the State Board of Dental Examiners;

(23) [(24)] the Texas Medical Board;

(24) [(25)] the Board of Pardons and Paroles;

(25) [(26)] the Texas State Board of Pharmacy;

(26) [(27)] the Department of Information Resources governing board;

(27) [(28)] the Motor Vehicle Board;

(28) [(29)] the Texas Real Estate Commission;

(29) [(30)] the board of directors of the State Bar of Texas;

(30) [(31)] the Bond Review Board;

(31) [(32)] the Health and Human Services Commission;

(32) [(33)] the Texas Funeral Service Commission;

(33) [(34)] the board of directors of a river authority created under the Texas Constitution or a statute of this state;

(34) [(35)] the Texas Lottery Commission; or

(35) [(36)] the Cancer Prevention and Research Institute of Texas.

SECTION 7. Section 614.021(a), Government Code, is amended to read as follows:

(a) Except as provided by Subsection (b), this subchapter applies only to a complaint against:

(1) a law enforcement officer of the State of Texas, including an officer of the Department of Public Safety [or of the Texas Alcoholic Beverage Commission];

(2) a fire fighter who is employed by this state or a political subdivision of this state;

(3) a peace officer under Article 2.12, Code of Criminal Procedure, or other law who is appointed or employed by a political subdivision of this state; or

(4) a detention officer or county jailer who is appointed or employed by a political subdivision of this state.

SECTION 8. Section 614.171(1), Government Code, is amended to read as follows:

(1) "Law enforcement agency" means the Department of Public Safety, [Texas Alcoholic Beverage Commission,] Texas Department of Criminal Justice, and Parks and Wildlife Department.

SECTION 9. Section 659.301(5), Government Code, is amended to read as follows:

(5) "State employee" means an individual who:

(A) is a commissioned law enforcement officer of the Department of Public Safety, the Texas Facilities Commission, [the Texas Alcoholic Beverage Commission,] the Texas Department of Criminal Justice, the attorney general, or the insurance fraud unit of the Texas Department of Insurance;

(B) is a commissioned security officer of the comptroller;

(C) is a law enforcement officer commissioned by the Parks and Wildlife Commission;

(D) is a commissioned peace officer of an institution of higher education;

(E) is an employee or official of the Board of Pardons and Paroles or the parole division of the Texas Department of Criminal Justice if the employee or official has routine direct contact with inmates of any penal or correctional institution or with administratively released prisoners subject to the board's jurisdiction;

(F) has been certified to the Employees Retirement System of Texas under Section 815.505 as having begun employment as a law enforcement officer or custodial officer, unless the individual has been certified to the system as having ceased employment as a law enforcement officer or custodial officer;

(G) before May 29, 1987, received hazardous duty pay based on the terms of any state law if the individual holds a position designated under that law as eligible for the pay; or

(H) is a security officer employed by the Texas Military Department.

SECTION 10. Section 661.918(a), Government Code, is amended to read as follows:

(a) This section applies to a peace officer under Article 2.12, Code of Criminal Procedure, who is commissioned as a law enforcement officer or agent, including a ranger, by:

(1) the Public Safety Commission and the director of the Department of Public Safety;

(2) the Parks and Wildlife Commission;

(3) [the Texas Alcoholic Beverage Commission;

[(4)] the attorney general; or

(4) [(5)] the insurance fraud unit of the Texas Department of Insurance.

SECTION 11. Section 811.001(9), Government Code, is amended to read as follows:

(9) "Law enforcement officer" means a member of the retirement system who:

(A) has been commissioned as a law enforcement officer by the Department of Public Safety, [the Texas Alcoholic Beverage Commission,] the Parks and Wildlife Department, or the office of inspector general at the Texas Juvenile Justice Department; and

(B) is recognized as a commissioned law enforcement officer by the Texas Commission on Law Enforcement.

SECTION 12. Section 814.104(b), Government Code, is amended to read as follows:

(b) A member who is at least 55 years old and who has at least 10 years of service credit as a commissioned peace officer engaged in criminal law enforcement activities of the Department of Public Safety, [the Texas Alcoholic Beverage Commission,] the Parks and Wildlife Department, or the office of inspector general at the Texas Juvenile Justice Department, or as a custodial officer, is eligible to retire and receive a service retirement annuity.

SECTION 13. Section 815.505, Government Code, is amended to read as follows:

Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND CUSTODIAL OFFICERS. Not later than the 12th day of the month following the month in which a person begins or ceases employment as a law enforcement officer or custodial officer, the Public Safety Commission, [the Texas Alcoholic Beverage Commission,] the Parks and Wildlife Commission, the office of inspector general at the Texas Juvenile Justice Department, the Board of Pardons and Paroles, or the Texas Board of Criminal Justice, as applicable, shall certify to the retirement system, in the manner prescribed by the system, the name of the employee and such other information as the system determines is necessary for the crediting of service and financing of benefits under this subtitle.

SECTION 14. Section 362.005(c), Local Government Code, is amended to read as follows:

(c) Each law enforcement agency in a county located along the Texas-Mexico border or in a county that contains a federal checkpoint shall report to the Texas Transnational Intelligence Center intelligence regarding criminal activity in the law enforcement agency's jurisdiction, including details on kidnappings, home invasions, and incidents of impersonation of law enforcement officers. The [Texas Alcoholic Beverage Commission and] Parks and Wildlife Department shall report to the center intelligence regarding transnational criminal activity in the agency's jurisdiction.

SECTION 15. Section 1701.356(a), Occupations Code, is amended to read as follows:

(a) An officer is not subject to Section 1701.351 or 1701.352 if the officer is:

(1) an honorably retired commissioned officer of the Department of Public Safety who is:

(A) a special ranger under Section 411.023, Government Code; or

(B) a special Texas Ranger under Section 411.024, Government Code; or

(2) an honorably retired commissioned officer of the Parks and Wildlife Department who is a special game warden under Section 11.0201, Parks and Wildlife Code[; or

[(3) an honorably retired commissioned officer of the Texas Alcoholic Beverage Commission who is a special inspector or representative under Section 5.142, Alcoholic Beverage Code].

SECTION 16. The following provisions are repealed:

(1) Subchapter A, Chapter 5, Alcoholic Beverage Code; and

(2) Section 411.091, Government Code.

SECTION 17. (a) The Texas Alcoholic Beverage Commission is abolished but continues in existence until September 1, 2022, for the sole purpose of transferring obligations, property, rights, powers, and duties to the Texas Department of Licensing and Regulation. The Texas Department of Licensing and Regulation assumes all of the obligations, property, rights, powers, and duties of the Texas Alcoholic Beverage Commission as they exist immediately before the effective date of this Act. All unexpended funds appropriated to the Texas Alcoholic Beverage Commission are transferred to the Texas Department of Licensing and Regulation.

(b) The Texas Alcoholic Beverage Commission and the Texas Department of Licensing and Regulation shall, in consultation with appropriate state entities, ensure that the transfer of the obligations, property, rights, powers, and duties of the Texas Alcoholic Beverage Commission to the Texas Department of Licensing and Regulation is completed not later than September 1, 2022.

(c) All rules of the Texas Alcoholic Beverage Commission are continued in effect as rules of the Texas Department of Licensing and Regulation until superseded by a rule of the Texas Department of Licensing and Regulation. A license or permit issued by the Texas Alcoholic Beverage Commission is continued in effect as provided by the law in effect immediately before the effective date of this Act. An application for a license or permit pending on the effective date of this Act is continued without change in status after the effective date of this Act. A complaint, investigation, contested case, or other proceeding pending on the effective date of this Act is continued without change in status after the effective date of this Act.

(d) Unless the context indicates otherwise, a reference to the Texas Alcoholic Beverage Commission in a law or administrative rule means the Texas Department of Licensing and Regulation.

SECTION 18. (a) A violation of a law that is repealed by this Act is governed by the law in effect when the violation was committed, and the former law is continued in effect for that purpose.

(b) For purposes of this section, a violation was committed before the effective date of this Act if any element of the violation occurred before that date.

SECTION 19. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.