Bill Text: TX SB1975 | 2021-2022 | 87th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-01 - Referred to Business & Commerce [SB1975 Detail]

Download: Texas-2021-SB1975-Introduced.html
  87R5374 JAM-D
 
  By: Springer S.B. No. 1975
 
 
 
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.
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