Bill Text: TX HB4069 | 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 4-0)

Status: (Introduced - Dead) 2021-04-07 - Referred directly to subcommittee by chair [HB4069 Detail]

Download: Texas-2021-HB4069-Introduced.html

---

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.