delegated to him by the administrator.
Acts 1977, 65th Leg., p. 398, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg.,
ch. 285, Sec. 3, eff. Sept. 1, 2003.
Sec. 5.14.  INSPECTORS AND REPRESENTATIVES.  The commission or administrator may
commission as many inspectors and representatives as are necessary to enforce this code and
other laws administered by the commission.  Each inspector and representative shall take the
constitutional oath of office, which shall be filed in the office of the commission.  Each
commissioned inspector and representative has all the powers of a peace officer coextensive
with the boundaries of the state.
Acts 1977, 65th Leg., p. 398, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st Leg.,
ch. 238, Sec. 40, eff. Jan. 1, 1990;  Acts 2003, 78th Leg., ch. 285, Sec. 4, eff. Sept. 1, 2003.
Sec. 5.141.  PURCHASE OF FIREARM FROM COMMISSION BY INSPECTOR OR
REPRESENTATIVE.  (a)  A commissioned inspector or representative of the commission may
purchase for an amount set by the commission, not to exceed fair market value, a firearm
issued to the inspector or representative by the commission if the firearm is not listed as a
prohibited weapon under Section 46.05, Penal Code, and if the firearm is retired by the
commission for replacement purposes.
(b)  The commission may adopt rules for the sale of a retired firearm to an inspector or
representative of the commission.
Added by Acts 1991, 72nd Leg., ch. 37, Sec. 2, eff. April 19, 1991.  Amended by Acts 1995, 74th
Leg., ch. 76, Sec. 14.01, eff. Sept. 1, 1995.
Sec. 5.142.  SPECIAL INSPECTORS OR REPRESENTATIVES.  (a)  The commission or
administrator may appoint as a special inspector or representative an honorably retired
commissioned inspector or representative.
(b)  A special inspector or representative is subject to the orders of the commission and is
subject to the orders of the governor for special duty to the same extent as other law
enforcement officers.
(c)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(5).
(d)  A special inspector or representative is not entitled to compensation from the state for
service as a special inspector or representative.
(e)  A special inspector or representative commission expires January 1 of the first
odd-numbered year after appointment.  The commission may revoke a special inspector or
representative commission at any time for cause.
Added by Acts 1993, 73rd Leg., ch. 35, Sec. 1, eff. April 16, 1993.  Amended by Acts 2003, 78th
Leg., ch. 285, Sec. 31(5), eff. Sept. 1, 2003.
Sec. 5.15.  ASSISTANT ATTORNEYS GENERAL.  The attorney general shall appoint as many as
six assistant attorneys general, as the commission determines necessary, to enable the
commission to more efficiently enforce this code.  The attorney general and the assistant
attorneys general shall prosecute all suits requested by the commission and defend all suits
against the commission.  The commission shall provide the assistant attorneys general with
necessary stenographers and office space.  The assistant attorneys general shall be paid by the
commission out of funds appropriated to it for the administration of this code.  Their
compensation shall be on the same basis as assistant attorneys general devoting their time to
general state business.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.16.  REPRESENTATION IN APPEAL TO COMMISSION.  No member of the legislature or
other person may appear for compensation in a representational capacity in an appeal to the
commission unless he first files an affidavit supplied by the commission and makes a full
disclosure of whom he represents and of the fact That he is being compensated for doing so.  The
commission shall provide appropriate forms, and these records are a public record of the
commission.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.17.  SUITS AGAINST THE COMMISSION:  VENUE.  In all suits against the commission,
except appeals governed by Section 11.67 or 32.18 of this code, venue is in Travis County.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.18.  AUDIT.  The financial transactions of the commission are subject to audit by the
state auditor in accordance with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 403, Sec. 8, eff. Aug. 26, 1985.  Amended by Acts 1989, 71st
Leg., ch. 584, Sec. 35, eff. Sept. 1, 1989.
Sec. 5.20.  STANDARDS OF CONDUCT INFORMATION.  The commission shall provide to its
members and employees, as often as necessary, information regarding their qualification for
office or employment under this code and their responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 7, eff. Sept. 1, 1993.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 5.31.  GENERAL POWERS AND DUTIES.  (a)  The commission may exercise all powers,
duties, and functions conferred by this code, and all powers incidental, necessary, or
convenient to the administration of this code.  It shall inspect, supervise, and regulate every
phase of the business of manufacturing, importing, exporting, transporting, storing, selling,
advertising, labeling, and distributing alcoholic beverages, and the possession of alcoholic
beverages for the purpose of sale or otherwise.  It may prescribe and publish rules necessary to
carry out the provisions of this code.
(b)  The commission shall:
(1)  protect the public safety by deterring and detecting violations of this code;
(2)  promote legal and responsible alcohol consumption;
(3)  ensure fair competition within the alcoholic beverage industry;
(4)  ensure consistent, predictable, and timely enforcement of this code;
(5)  ensure a consistent, predictable, and timely licensing and permitting process;
(6)  promote and foster voluntary compliance with this code; and
(7)  communicate the requirements of this code clearly and consistently.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 9, eff. September 1, 2007.
Sec. 5.32.  MAY REQUIRE REPORTS.  The commission may require the filing of reports and
other data by persons engaged in the alcoholic beverage business which the commission finds
necessary to accomplish the purposes of this code.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.33.  REGULATE LICENSEES AND PERMITTEES.  The commission shall supervise and
regulate licensees and permittees and their places of business in matters affecting the public.  
This authority is not limited to matters specifically mentioned in this code.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.331.  PUBLIC DISTURBANCE REPORTS.  Local law enforcement agencies in each county
with a population of 3.3 million or more shall send to the commission reports and other data
concerning shootings, stabbings, and other public disturbances That occur on the premises of
a permittee or licensee.  The reports and data shall be incorporated into the record of the
permittee or licensee.  The administrator of the Texas Alcoholic Beverage Commission shall
prescribe the form and content of such reports.
Added by Acts 1985, 69th Leg., ch. 688, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th
Leg., ch. 669, Sec. 2, eff. Sept. 1, 2001.
Sec. 5.34.  DELEGATION OF AUTHORITY.  (a)  The commission may authorize its
commissioned peace officers, servants, and employees to carry out, under its direction, the
provisions of this code.
(b)  The commission shall develop and implement policies That clearly define the respective
responsibilities of the commission and the staff of the commission.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg.,
ch. 934, Sec. 8, eff. Sept. 1, 1993.
Sec. 5.35.  ISSUANCE OF PERMITS AND LICENSES.  The commission may grant, refuse,
suspend, or cancel alcoholic beverage permits and licenses as provided in this code.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.36.  INVESTIGATION OF VIOLATIONS.  (a)  The commission shall investigate violations
of this code and of other laws relating to alcoholic beverages, and shall cooperate in the
prosecution of offenders before any court of competent jurisdiction.  The commission may seize
alcoholic beverages manufactured, sold, kept, imported, or transported in violation of this code
and apply for the confiscation of the beverages if required to do so by this code.
(b)  Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(2), eff. Sept. 1, 1993.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg.,
p. 1970, ch. 777, Sec. 14, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 790, Sec. 46(2), eff. Sept. 1,
1993.
Sec. 5.361.  ENFORCEMENT.  (a)  The commission shall develop a risk-based approach to
conducting its enforcement activities That focuses on:
(1)  detecting serious violations That impact public safety;
(2)  monitoring entities That have a history of complaints and violations of this code; and
(3)  any other factors the commission considers important.
(b)  The commission shall develop benchmarks and goals to track key enforcement activities
and the results of those activities.  For each type of enforcement activity, the commission shall
track the number of violations detected by the enforcement activity, the amount of time spent
on the enforcement activity, and any other information the commission considers necessary.  
The commission shall use the information collected under this subsection and other
information to compare the enforcement performance of each region and to determine the most
effective enforcement activities.
(c)  The commission shall track, on a statewide and regional basis, the type of violations
detected, the disposition of the violations, and the entities That committed the most serious
violations.
(d)  The commission shall compile detailed statistics and analyze trends related to its
enforcement activities.  The commission shall:
(1)  summarize the statistics and trends for executive management on a monthly basis and for
the members of the commission on a quarterly basis; and
(2)  make summary information available to the public, including by posting the information
on the commission's Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 10, eff. September 1, 2007.
Sec. 5.362.  SCHEDULE OF SANCTIONS.  (a)  The commission by rule shall adopt a schedule of
sanctions That may be imposed on a license or permit holder for violations of this code or rules
adopted under this code.  In adopting the schedule of sanctions, the commission shall ensure
That the severity of the sanction imposed is appropriate to the type of violation That is the basis
for disciplinary action.
(b)  For each violation for which a license or permit may be suspended, the schedule of
sanctions must include the number of days a permit or license would be suspended and the
corresponding civil penalty under Section 11.64.
(c)  In determining the appropriate sanction for a violation under the schedule, the
commission or administrator shall consider:
(1)  the type of license or permit held by the person who committed the violation;
(2)  the type of violation;
(3)  any aggravating or ameliorating circumstances concerning the violation; and
(4)  the license or permit holder's previous violations of this code.
(d)  The schedule must:
(1)  allow deviations from the schedule for clearly established mitigating circumstances,
including circumstances listed in Section 11.64(c), or aggravating circumstances; and
(2)  include a list of the most common violations by members of the manufacturing,
wholesaling, and retailing tiers of the alcoholic beverage industry and the sanctions assessed
for those violations.
(e)  The commission shall develop policies to guide commission staff in determining the
circumstances when it is appropriate to deviate from the schedule of sanctions.  The policies
must identify the circumstances when approval is required in order to deviate from the
schedule.
(f)  The commission shall make the schedule of sanctions available to the public, including by
posting the schedule on the commission's Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 10, eff. September 1, 2007.
Sec. 5.37.  COLLECTION OF TAXES AT SOURCE.  (a)  If the federal government provides a
method of collecting liquor taxes at the source, the commission may enter contracts and
comply with regulations, even to the extent of abrogating provisions of this code which are
inconsistent with federal law or regulations, in order to receive the portion of the taxes
allocated to the state.  The taxes received shall be distributed as provided in this code.
(b)  The commission may acquire by gift, grant, or purchase, port of entry or other facilities for
the administration of the Alcoholic Beverage Code, including the collection of taxes and
confiscation of unlawful containers and illicit beverages.  The commission may enter into
agreements with agencies of the United States or other persons, if in the judgment of the
commission, it will benefit the state to place facilities under its control through lease or sale
from the United States or other persons.  The commission may expend funds for the purpose of
rehabilitating, renewing, restoring, extending, enlarging, improving, or performing routine
maintenance on facilities under its control.
(c)  For the purpose of complying with Chapter 455, Acts of the 59th Legislature, Regular
Session, 1965, as amended (Article 678f, Vernon's Texas Civil Statutes), the commission is
considered to be a public authority and unless the commission requests facilities to be
obtained in accordance with Chapter 258, Acts of the 48th Legislature, Regular Session, 1943,
as amended (Article 666b, Vernon's Texas Civil Statutes), the provisions of That Act do not
apply to the acquisition of facilities under this Act.
(d)  The commission is authorized to receive in the form of a gift, grant, or donation, any funds
consistent with the purposes and goals of the commission and the designation of the grantor.  
However, no gift, grant, or donation may be offered or accepted from any party to any contested
case before the agency, or from any party licensed or regulated by the commission.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg.,
p. 612, ch. 287, Sec. 1, eff. May 24, 1979;  Acts 1995, 74th Leg., ch. 1060, Sec. 1, eff. Aug. 28, 1995.
Sec. 5.371.  PROCEEDS FROM CONTRABAND.  Property, money, and the proceeds from forfeited
contraband provided to the commission by a federal agency or under state or federal law shall
be deposited in the commission's account in the state treasury and may be appropriated only to
the commission for law enforcement purposes.  Funds under this section That are not expended
at the close of a fiscal year shall be reappropriated for the same purpose the following fiscal
year.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 9, eff. Sept. 1, 1993.
Sec. 5.38.  QUALITY AND PURITY OF BEVERAGES.  (a)  The commission shall require by rule
That any alcoholic beverage sold in this state conform in all respects to its advertised quality.
(b)  The commission shall promulgate and enforce rules governing the labeling and
advertising of all alcoholic beverages sold in the state, and shall adopt and enforce a standard
of quality, purity, and identity of all alcoholic beverages.  The commission shall promulgate
and enforce necessary rules to safeguard the public health and to insure sanitary conditions
in the manufacturing, refining, blending, mixing, purifying, bottling, rebottling, and sale of
alcoholic beverages.
(c)  The commission may test the contents of any alcoholic beverage manufactured or sold in
the state to protect the public health and safety and to ensure That the product:
(1)  is accurately represented to the public; and
(2)  complies with state law and commission rules.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 11, eff. September 1, 2007.
Sec. 5.39.  REGULATION OF LIQUOR CONTAINERS.  The commission shall adopt rules to
standardize the size of containers in which liquor may be sold in the state and relating to
representations required or allowed to be displayed on or in the containers.  To accommodate
the alcoholic beverage industry's conversion to the metric system, the commission shall adopt
rules permitting the importation and sale of liquor in metric-sized containers as well as in
containers sized according to the United States standard gallon system.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.40.  REGULATION OF BEER CONTAINER DEPOSITS.  If the commission finds it
necessary to effectuate the purposes of this code, it may adopt rules to provide a schedule of
deposits required to be obtained on beer containers delivered by a licensee.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 5.41.  ALCOHOL USED FOR SCIENTIFIC PURPOSES, ETC.  The commission shall license
and regulate the use of alcohol and liquor for scientific, pharmaceutical, and industrial
purposes.  The commission shall provide by rule for the withdrawal of alcohol or liquor for
those purposes from warehouses or denaturing plants, and shall prescribe the manner in
which the alcohol or liquor may be used, tax free, for scientific research, in hospitals or
.
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