82R9372 MCK-D
By: Hilderbran H.B. No. 700
A BILL TO BE ENTITLED
AN ACT
relating to consolidating the functions of the Texas Racing
Commission, the Texas Lottery Commission, and the Texas Alcoholic
Beverage Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS ALCOHOLIC BEVERAGE AND GAMING COMMISSION
SECTION 1.01. The heading to Chapter 5, Alcoholic Beverage
Code, is amended to read as follows:
CHAPTER 5. TEXAS ALCOHOLIC BEVERAGE AND GAMING COMMISSION
SECTION 1.02. Section 5.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.01. TEXAS ALCOHOLIC BEVERAGE AND GAMING COMMISSION.
(a) The Texas Alcoholic Beverage and Gaming Commission is an agency
of the state.
(b) The Texas Alcoholic Beverage and Gaming Commission is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and except as provided by Subsections (c) and (d),
Subchapter A, Chapter 5, of this code, Chapters 466 and 467,
Government Code, Chapter 2001, Occupations Code, and the Texas
Racing Act (Article 179e, Vernon's Texas Civil Statutes) expire
[expires] September 1, 2019.
(c) If, at the time the commission would be abolished under
Subsection (b), an association created under the Texas Racing Act
(Article 179e, Vernon's Texas Civil Statutes) has outstanding
long-term liabilities:
(1) the association may continue to operate for a
period not to exceed one year after those liabilities are
satisfied; and
(2) the commission and the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes) are continued in effect for
the purpose of regulating that association under the Texas Racing
Act.
(d) If the commission and the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes) are continued in effect under
Subsection (c), the commission is abolished and the Texas Racing
Act expires on the first day of the fiscal year following the fiscal
year in which the commission certifies to the secretary of state
that no associations are operating under the terms of Subsection
(c).
(e) An association that continues to operate under
Subsection (c) may not incur any new liabilities without the
approval of the commission. At the beginning of that period, the
commission shall review the outstanding liabilities of the
association and shall set a specific date by which the association
must retire its outstanding liabilities. Notwithstanding any
contrary contract provisions, an association regulated under the
Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) may
prepay any debt incurred by the association in conducting racing
under the Texas Racing Act.
SECTION 1.03. Section 5.02, Alcoholic Beverage Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) The commission is composed of five [three] members, who
are appointed by the governor with the advice and consent of the
senate. The members of the commission must have general knowledge
of business. One member of the commission must have experience in
the bingo industry, one member must have special knowledge or
experience related to greyhound racing, and one member must have
special knowledge or experience related to horse racing.
(e) The governor shall conduct an investigation of and is
entitled to obtain criminal history record information maintained
by the Department of Public Safety, the Federal Bureau of
Investigation identification division, or another law enforcement
agency relating to an individual the governor intends to appoint to
the commission.
SECTION 1.04. Subchapter A, Chapter 5, Alcoholic Beverage
Code, is amended by adding Sections 5.021 and 5.023 to read as
follows:
Sec. 5.021. COMMISSION MEMBER ELIGIBILITY. (a) In this
section, "Texas trade association" means a nonprofit, cooperative,
and voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) An individual is not eligible to be a member of the
commission if the individual:
(1) with respect to an alcoholic beverage business:
(A) has any financial connection with a person
engaged in an alcoholic beverage business;
(B) holds stocks or bonds in an alcoholic
beverage business; or
(C) has a pecuniary interest in an alcoholic
beverage business;
(2) with respect to other business regulated by the
commission, owns or controls, directly or indirectly, more than a
10 percent interest in a business entity or other organization
regulated by the commission or receiving funds from the commission;
(3) is employed by or participates in the management
of a business entity or other organization regulated by the
commission or receiving funds from the commission;
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses;
(5) is an officer, employee, or paid consultant of a
Texas trade association in the field of alcoholic beverages, bingo,
lottery, or horse or greyhound racing or breeding;
(6) is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the commission;
(7) owns any financial interest in a racetrack or its
operation or is related within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code, to a person who owns any financial
interest in a racetrack or its operation;
(8) is married to an individual described by
Subdivisions (1)-(7);
(9) has been convicted of a felony or of any crime
involving moral turpitude; or
(10) is not a citizen of the United States.
Sec. 5.023. PROHIBITED CONDUCT FOR COMMISSION MEMBERS. (a)
A commission member may not:
(1) accept any employment or remuneration from:
(A) a person that has a significant financial
interest in the lottery; or
(B) a bingo commercial lessor, bingo
distributor, or bingo manufacturer;
(2) play any lottery or bingo game conducted in this
state;
(3) accept or be entitled to accept any part of the
winnings to be paid from a lottery or bingo game conducted in this
state;
(4) use the member's official authority to affect the
result of an election or nomination for public office;
(5) directly or indirectly coerce, attempt to coerce,
command, or advise a person to pay, lend, or contribute anything of
value to another person for political purposes; or
(6) receive a commission or profit from or have an
interest in the sale or purchase of alcoholic beverages.
(b) A commission member or former commission member or the
spouse of a commission member or former commission member may not
solicit or accept employment from a person regulated by the
commission before the second anniversary of the date on which the
commission member's service on the commission ends.
SECTION 1.05. Section 5.05, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.05. EMPLOYEE'S RELATIONSHIP WITH CERTAIN BUSINESSES
[ALCOHOLIC BEVERAGE BUSINESS] PROHIBITED. (a) A [No] person may
not [be appointed to or serve on the commission, or] hold an office
under the commission, or be employed by the commission, if the
person [who]:
(1) has any financial connection with a person engaged
in an alcoholic beverage business;
(2) holds stocks or bonds in an alcoholic beverage
business; [or]
(3) has a pecuniary interest in:
(A) an alcoholic beverage business;
(B) a bingo commercial lessor, bingo
distributor, or bingo manufacturer;
(C) a lottery sales agency or a lottery operator;
or
(D) a racetrack licensed by the commission;
(4) owns or leases a race animal that participates in
pari-mutuel racing in this state;
(5) accepts or is entitled to any part of the purse or
Texas-bred incentive award to be paid on a greyhound or a horse in a
race conducted in this state; or
(6) is a spouse, child, brother, sister, or parent
residing as a member of the same household in the principal place of
residence of a person who is subject to a disqualification
prescribed by this subsection.
(b) A person [No member of the commission, or anyone]
holding an office under or employed by the commission[, or any
employee of the commission,] may not receive a commission or profit
from or have an interest in the sale or purchase of alcoholic
beverages.
(c) A person may not [be a member of the commission or] act
as the general counsel to the commission if the person is required
to register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of a
profession related to the operation of the commission.
(d) A person [may not be a member of the commission and] may
not be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of alcoholic
beverages, the lottery, bingo, or horse or greyhound racing or
breeding; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of alcoholic
beverages, the lottery, bingo, or horse or greyhound racing or
breeding.
(e) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
businesses or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
SECTION 1.06. Subchapter A, Chapter 5, Alcoholic Beverage
Code, is amended by adding Section 5.055 to read as follows:
Sec. 5.055. ACCESS TO CRIMINAL HISTORY RECORDS;
INVESTIGATION. The commission shall conduct an investigation of
and is entitled to obtain criminal history record information
maintained by the Department of Public Safety, the Federal Bureau
of Investigation identification division, or another law
enforcement agency relating to an individual the commission intends
to employ.
SECTION 1.07. Section 5.07, Alcoholic Beverage Code, is
amended by adding Subsections (a-1) and (d) to read as follows:
(a-1) The commission shall hold at least six regular
meetings each year on dates fixed by the commission. The commission
may meet at other times at the call of the presiding officer or as
provided by commission rule.
(d) Section 551.002, Government Code, does not apply to a
closed meeting of the commission relating to the negotiation of a
lottery operator's contract if the commission determines, in
writing, that an open meeting would have a detrimental effect on the
commission's position in the negotiations.
SECTION 1.08. Section 5.11, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.11. ADMINISTRATOR. (a) The commission shall
appoint an administrator to serve at its will and, subject to its
supervision, administer this code. Unless the commission orders
otherwise, the administrator shall be manager, secretary, and
custodian of all records. The administrator shall devote his
entire time to the office and shall receive a salary as appropriated
by the legislature.
(b) The administrator is specifically exempted from Chapter
654, Government Code.
SECTION 1.09. Subchapter B, Chapter 5, Alcoholic Beverage
Code, is amended by adding Section 5.312 to read as follows:
Sec. 5.312. DIVISIONS. (a) The commission shall establish
separate divisions to oversee alcoholic beverage regulation, the
lottery, bingo, and horse and greyhound racing.
(b) The administrator shall employ a director to oversee
each division.
(c) A division director serves at the will of the executive
director and is specifically exempted from Chapter 654, Government
Code.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 12.039(e), Agriculture Code, is
amended to read as follows:
(e) The commissioner shall submit the commissioner's
determination to the Texas Alcoholic Beverage and Gaming Commission
in writing and publish the commissioner's determination in the
Texas Register and on the department's Internet website not later
than December 31 of the study year.
SECTION 2.02. Section 50B.002(b), Agriculture Code, is
amended to read as follows:
(b) The committee consists of members appointed by the
commissioner who represent a diverse cross-section of the wine
industry, including representatives of:
(1) grape growers;
(2) wineries;
(3) wholesalers;
(4) package stores;
(5) retailers;
(6) researchers;
(7) consumers;
(8) the department; and
(9) the Texas Alcoholic Beverage and Gaming
Commission.
SECTION 2.03. Section 1.04(10), Alcoholic Beverage Code, is
amended to read as follows:
(10) "Commission" means the Texas Alcoholic Beverage
and Gaming Commission.
SECTION 2.04. Section 5.331, Alcoholic Beverage Code, is
amended to read as follows:
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 and
Gaming Commission shall prescribe the form and content of such
reports.
SECTION 2.05. Section 87.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to an activity regulated by the Texas Alcoholic Beverage
and Gaming [Racing] Commission.
SECTION 2.06. Section 104.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
of action based on conduct described in Section 104.002, the state
shall indemnify the following persons, without regard to whether
the persons performed their services for compensation, for actual
damages, court costs, and attorney's fees adjudged against:
(1) an employee, a member of the governing board, or
any other officer of a state agency, institution, or department;
(2) a former employee, former member of the governing
board, or any other former officer of a state agency, institution,
or department who was an employee or officer when the act or
omission on which the damages are based occurred;
(3) a physician or psychiatrist licensed in this state
who was performing services under a contract with any state agency,
institution, or department or a racing official performing services
under a contract with the Texas Alcoholic Beverage and Gaming
[Racing] Commission when the act or omission on which the damages
are based occurred;
(3-a) a phlebotomist licensed in this state who was
performing services under a contract with the Texas Department of
Criminal Justice when the act or omission on which the damages are
based occurred;
(4) a chaplain or spiritual advisor who was performing
services under contract with the Texas Department of Criminal
Justice, the Texas Youth Commission, or the Texas Juvenile
Probation Commission when the act or omission on which the damages
are based occurred;
(5) a person serving on the governing board of a
foundation, corporation, or association at the request and on
behalf of an institution of higher education, as that term is
defined by Section 61.003(8), Education Code, not including a
public junior college;
(6) a state contractor who signed a waste manifest as
required by a state contract; or
(7) the estate of a person listed in this section.
SECTION 2.07. 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 and officers 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 and Gaming Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million that operates an airport
that serves commercial air carriers;
(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 (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) [investigators employed by the Texas Racing
Commission;
[(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)] an officer employed by the Department of
State Health Services under Section 431.2471, Health and Safety
Code;
(25) [(26)] officers appointed by an appellate court
under Subchapter F, Chapter 53, Government Code;
(26) [(27)] officers commissioned by the state fire
marshal under Chapter 417, Government Code;
(27) [(28)] an investigator commissioned by the
commissioner of insurance under Section 701.104, Insurance Code;
(28) [(29)] apprehension specialists and inspectors
general commissioned by the Texas Youth Commission as officers
under Sections 61.0451 and 61.0931, Human Resources Code;
(29) [(30)] officers appointed by the inspector
general of the Texas Department of Criminal Justice under Section
493.019, Government Code;
(30) [(31)] investigators commissioned by the
Commission on Law Enforcement Officer Standards and Education under
Section 1701.160, Occupations Code;
(31) [(32)] commission investigators commissioned by
the Texas Private Security Board under Section 1702.061(f),
Occupations Code;
(32) [(33)] the fire marshal and any officers,
inspectors, or investigators commissioned by an emergency services
district under Chapter 775, Health and Safety Code;
(33) [(34)] officers commissioned by the State Board
of Dental Examiners under Section 254.013, Occupations Code,
subject to the limitations imposed by that section;
(34) [(35)] investigators commissioned by the Texas
Juvenile Probation Commission as officers under Section 141.055,
Human Resources Code; and
(35) [(36)] the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 2.08. Section 38.007(b), Education Code, is amended
to read as follows:
(b) The board of trustees of a school district shall attempt
to provide a safe alcohol-free environment to students coming to or
going from school. The board of trustees may cooperate with local
law enforcement officials and the Texas Alcoholic Beverage and
Gaming Commission in attempting to provide this environment and in
enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage
Code. Additionally, the board, if a majority of the area of a
district is located in a municipality with a population of 900,000
or more, may petition the commissioners court of the county in which
the district is located or the governing board of an incorporated
city or town in which the district is located to adopt a 1,000-foot
zone under Section 109.33, Alcoholic Beverage Code.
SECTION 2.09. Sections 88.526(a) and (c), Education Code,
are amended to read as follows:
(a) The director shall prepare an annual report on equine
research funded under this subchapter. The director shall
distribute the report to the Texas Alcoholic Beverage and Gaming
[Racing] Commission and the members of the advisory committee. The
director shall make copies of the report available to interested
parties.
(c) The director shall, at least annually, consult with the
Texas Alcoholic Beverage and Gaming [Racing] Commission on the use
of the account and the impact of equine research funded by the
account.
SECTION 2.10. Section 232.0021, Family Code, is amended to
read as follows:
Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS ALCOHOLIC
BEVERAGE AND GAMING [LOTTERY] COMMISSION. With respect to the
Texas Alcoholic Beverage and Gaming [Lottery] Commission, this
chapter applies only to a lottery ticket sales agent license issued
under Chapter 466, Government Code.
SECTION 2.11. Section 232.015(e), Family Code, is amended
to read as follows:
(e) The Title IV-D agency, the comptroller, and the Texas
Alcoholic Beverage and Gaming Commission shall by rule specify
additional prerequisites for the suspension of licenses relating to
state taxes collected under Title 2, Tax Code. The joint rules must
be adopted not later than March 1, 1996.
SECTION 2.12. 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 public safety director of the Department of
Public Safety or the director's designee;
(6) 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 Youth Commission;
(D) the Texas Juvenile Probation Commission; and
(E) the Texas Alcoholic Beverage and Gaming
Commission; and
(7) as appointed by the attorney general:
(A) a public defender, as defined by Article
26.044, Code of Criminal Procedure;
(B) an attorney representing the state;
(C) a representative of:
(i) a hotel and motel association;
(ii) a district and county attorneys
association; and
(iii) a state police 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 2.13. The heading to Section 411.091, Government
Code, is amended to read as follows:
Sec. 411.091. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS ALCOHOLIC BEVERAGE AND GAMING COMMISSION.
SECTION 2.14. Section 411.091(a), Government Code, is
amended to read as follows:
(a) The Texas Alcoholic Beverage and Gaming Commission is
entitled to obtain from the department criminal history record
information maintained by the department that the commission
believes is necessary for the enforcement or administration of the
Alcoholic Beverage Code.
SECTION 2.15. The heading to Section 411.0915, Government
Code, is amended to read as follows:
Sec. 411.0915. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION OF POLITICAL SUBDIVISIONS: TEXAS ALCOHOLIC BEVERAGE
AND GAMING COMMISSION.
SECTION 2.16. Section 411.096(a), Government Code, is
amended to read as follows:
(a) The Texas Alcoholic Beverage and Gaming [Racing]
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
pertains to a person who is:
(1) appointed to the commission;
(2) an applicant for employment by the commission; or
(3) an applicant for a license under the Texas Racing
Act (Article 179e, Vernon's Texas Civil Statutes).
SECTION 2.17. The heading to Section 411.108, Government
Code, is amended to read as follows:
Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS ALCOHOLIC BEVERAGE AND GAMING [LOTTERY]
COMMISSION.
SECTION 2.18. Sections 411.108(a) and (a-1), Government
Code, are amended to read as follows:
(a) The Texas Alcoholic Beverage and Gaming [Lottery]
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who, under Chapter 466, is:
(1) a sales agent or an applicant for a sales agent
license;
(2) a person required to be named in a license
application;
(3) a lottery operator or prospective lottery
operator;
(4) an employee of a lottery operator or prospective
lottery operator, if the employee is or will be directly involved in
lottery operations;
(5) a person who manufactures or distributes lottery
equipment or supplies or a representative of a person who
manufactures or distributes lottery equipment or supplies offered
to the lottery;
(6) a person who has submitted a written bid or
proposal to the commission in connection with the procurement of
goods or services by the commission, if the amount of the bid or
proposal exceeds $500;
(7) an employee or other person who works for or will
work for a sales agent or an applicant for a sales agent license;
(8) a person who proposes to enter into or who has a
contract with the commission to supply goods or services to the
commission;
(9) if a person described in Subdivisions (1) through
(8) of this section is not an individual, an individual who:
(A) is an officer or director of the person;
(B) holds more than 10 percent of the stock in the
person;
(C) holds an equitable interest greater than 10
percent in the person;
(D) is a creditor of the person who holds more
than 10 percent of the person's outstanding debt;
(E) is the owner or lessee of a business that the
person conducts or through which the person will conduct
lottery-related activities;
(F) shares or will share in the profits, other
than stock dividends, of the person;
(G) participates in managing the affairs of the
person; or
(H) is an employee of the person who is or will be
involved in:
(i) selling tickets; or
(ii) handling money from the sale of
tickets;
(10) the executive director or a prospective executive
director of the commission;
(11) an employee or prospective employee of the
commission; or
(12) a sales agent whose license is renewed under
Section 466.158.
(a-1) The Texas Alcoholic Beverage and Gaming [Lottery]
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person licensed under Chapter 2001, Occupations Code,
or described by Section 2001.3025, Occupations Code.
SECTION 2.19. Section 411.204(a), Government Code, is
amended to read as follows:
(a) A business that has a permit or license issued under
Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that
derives 51 percent or more of its income from the sale of alcoholic
beverages for on-premises consumption as determined by the Texas
Alcoholic Beverage and Gaming Commission under Section 104.06,
Alcoholic Beverage Code, shall prominently display at each entrance
to the business premises a sign that complies with the requirements
of Subsection (c).
SECTION 2.20. Sections 466.002(1) and (4), Government Code,
are amended to read as follows:
(1) "Commission" means the Texas Alcoholic Beverage
and Gaming [Lottery] Commission.
(4) "Executive director" means the administrator
[executive director] of the commission.
SECTION 2.21. Section 466.027(c), Government Code, is
amended to read as follows:
(c) The commission shall market and advertise the lottery
game operated under this section in a manner intended to inform the
public that the game tickets are available for purchase and that the
game proceeds are used to fund veterans programs in this state. The
game tickets must clearly state that the game proceeds are used to
benefit the veterans in this state. The Texas Veterans Commission
may make recommendations to the Texas Alcoholic Beverage and Gaming
[Lottery] Commission relating to the marketing and advertising of
the game.
SECTION 2.22. Section 466.155(g), Government Code, is
amended to read as follows:
(g) For purposes of Subsection (a)(3), the comptroller,
Texas Workforce Commission, Texas Alcoholic Beverage and Gaming
Commission, Texas Higher Education Coordinating Board, and Texas
Guaranteed Student Loan Corporation shall each provide the
executive director with a report of persons who have been finally
determined to be delinquent in the payment of any money owed to or
collected by that agency. The commission shall adopt rules
regarding the form and frequency of reports under this subsection.
SECTION 2.23. Sections 466.407(a) and (c), Government Code,
are amended to read as follows:
(a) The executive director shall deduct the amount of a
delinquent tax or other money from the winnings of a person who has
been finally determined to be:
(1) delinquent in the payment of a tax or other money
collected by the comptroller, the Texas Workforce Commission, or
the Texas Alcoholic Beverage and Gaming Commission;
(2) delinquent in making child support payments
administered or collected by the attorney general;
(3) delinquent in reimbursing the Texas Department of
Human Services for a benefit granted in error under the food stamp
program or the program of financial assistance under Chapter 31,
Human Resources Code;
(4) in default on a loan made under Chapter 52,
Education Code; or
(5) in default on a loan guaranteed under Chapter 57,
Education Code.
(c) The attorney general, comptroller, Texas Workforce
Commission, Texas Alcoholic Beverage and Gaming Commission, Texas
Department of Human Services, Texas Higher Education Coordinating
Board, and Texas Guaranteed Student Loan Corporation shall each
provide the executive director with a report of persons who have
been finally determined to be delinquent in the payment of a tax or
other money collected by the agency. The commission shall adopt
rules regarding the form and frequency of reports under this
subsection.
SECTION 2.24. Sections 467.001(1) and (2), Government Code,
are amended to read as follows:
(1) "Commission" means the Texas Alcoholic Beverage
and Gaming [Lottery] Commission.
(2) "Executive director" means the administrator
[executive director] of the Texas Alcoholic Beverage and Gaming
[Lottery] Commission.
SECTION 2.25. Sections 572.003(b) and (c), Government Code,
are amended to read as follows:
(b) The term means:
(1) the Banking Commissioner of The Banking Department
of Texas;
(2) the fire fighters' pension commissioner;
(3) the administrative director of the Office of Court
Administration of the Texas Judicial System;
(4) the chief executive of the Office of Public
Utility Counsel;
(5) the executive director of the State Bar of Texas;
or
(6) [the director of the lottery division of the Texas
Lottery Commission;
[(7) the deputy in charge of the department of
security in the lottery division of the Texas Lottery Commission;
[(8) the director of the bingo division of the Texas
Lottery Commission; or
[(9)] the secretary of state.
(c) The term means a member of:
(1) the Public Utility Commission of Texas;
(2) [the Texas Department of Economic Development;
[(3)] the Texas Commission on Environmental Quality;
(3) [(4)] the Texas Alcoholic Beverage and Gaming
Commission;
(4) [(5)] The Finance Commission of Texas;
(5) [(6)] the Texas Facilities Commission;
(6) [(7)] the Texas Board of Criminal Justice;
(7) [(8)] the board of trustees of the Employees
Retirement System of Texas;
(8) [(9)] the Texas Transportation Commission;
(9) [(10) the Texas Workers' Compensation Commission;
[(11)] the Texas Department of Insurance;
(10) [(12)] the Parks and Wildlife Commission;
(11) [(13)] the Public Safety Commission;
(12) [(14)] the Texas Ethics Commission;
(13) [(15)] the State Securities Board;
(14) [(16)] the Texas Water Development Board;
(15) [(17)] 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 at
Dallas, 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 System 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;
(16) [(18)] the Texas Higher Education Coordinating
Board;
(17) [(19)] the Texas Workforce Commission;
(18) [(21)] the board of trustees of the Teacher
Retirement System of Texas;
(19) [(22)] the Credit Union Commission;
(20) [(23)] the School Land Board;
(21) [(24)] the board of the Texas Department of
Housing and Community Affairs;
(22) [(25) the Texas Racing Commission;
[(26)] the State Board of Dental Examiners;
(23) [(27)] the Texas Medical [State] Board [of
Medical Examiners];
(24) [(28)] the Board of Pardons and Paroles;
(25) [(29)] the Texas State Board of Pharmacy;
(26) [(30)] the Department of Information Resources
governing board;
(27) [(31)] the Motor Vehicle Board;
(28) [(32)] the Texas Real Estate Commission;
(29) [(33)] the board of directors of the State Bar of
Texas;
(30) [(34)] the bond review board;
(31) [(35)] the [Texas Board of] Health and Human
Services Commission;
(32) [(36) the Texas Board of Mental Health and Mental
Retardation;
[(37) the Texas Board on Aging;
[(38) the Texas Board of Human Services;
[(39)] the Texas Funeral Service Commission; or
(33) [(40)] the board of directors of a river
authority created under the Texas Constitution or a statute of this
state[; or
[(41) the Texas Lottery Commission].
SECTION 2.26. 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 and Gaming 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 2.27. 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 and Gaming Commission,
Texas Department of Criminal Justice, and Parks and Wildlife
Department.
SECTION 2.28. 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 and Gaming Commission, or the Texas
Department of Criminal Justice;
(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; or
(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.
SECTION 2.29. 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; or
(3) the Texas Alcoholic Beverage and Gaming
Commission.
SECTION 2.30. 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 and Gaming Commission, the Parks and Wildlife Department,
or the office of inspector general at the Texas Youth Commission;
and
(B) is recognized as a commissioned law
enforcement officer by the Commission on Law Enforcement Officer
Standards and Education.
SECTION 2.31. 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 and Gaming Commission,
the Parks and Wildlife Department, or the office of inspector
general at the Texas Youth Commission, or as a custodial officer, is
eligible to retire and receive a service retirement annuity.
SECTION 2.32. 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 and Gaming Commission, the
Parks and Wildlife Commission, the office of inspector general at
the Texas Youth Commission, 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 2.33. Section 2054.007(a), Government Code, is
amended to read as follows:
(a) The lottery division of the Texas Alcoholic Beverage and
Gaming [Lottery] Commission is not subject to the planning and
procurement requirements of this chapter.
SECTION 2.34. Section 2054.352(a), Government Code, as
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Texas State Board of Examiners of Psychologists;
(15) State Board of Veterinary Medical Examiners;
(16) Texas Real Estate Commission;
(17) Texas Appraiser Licensing and Certification
Board;
(18) Texas Department of Licensing and Regulation;
(19) Texas State Board of Public Accountancy;
(20) State Board for Educator Certification;
(21) Texas Board of Professional Engineers;
(22) Department of State Health Services;
(23) Texas Board of Architectural Examiners;
(24) Texas Alcoholic Beverage and Gaming [Racing]
Commission;
(25) Commission on Law Enforcement Officer Standards
and Education; and
(26) Texas Private Security Board.
SECTION 2.35. Section 2001.002(8), Occupations Code, is
amended to read as follows:
(8) "Commission" means the Texas Alcoholic Beverage
and Gaming [Lottery] Commission.
SECTION 2.36. Sections 46.035(b) and (j), Penal Code, are
amended to read as follows:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage and Gaming Commission under Section 104.06, Alcoholic
Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.
(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage and Gaming Commission.
SECTION 2.37. Section 46.15(j), Penal Code, is amended to
read as follows:
(j) The provisions of Section 46.02 prohibiting the
carrying of a handgun do not apply to an individual who carries a
handgun as a participant in a historical reenactment performed in
accordance with the rules of the Texas Alcoholic Beverage and
Gaming Commission.
SECTION 2.38. Section 47.09(a), Penal Code, is amended to
read as follows:
(a) It is a defense to prosecution under this chapter that
the conduct:
(1) was authorized under:
(A) Chapter 2001, Occupations Code;
(B) Chapter 2002, Occupations Code; or
(C) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes);
(2) consisted entirely of participation in the state
lottery authorized by Chapter 466, Government Code; or
(3) was a necessary incident to the operation of the
state lottery and was directly or indirectly authorized by:
(A) Chapter 466, Government Code;
(B) the lottery division of the Texas Alcoholic
Beverage and Gaming [Lottery] Commission;
(C) the Texas Alcoholic Beverage and Gaming
[Lottery] Commission; or
(D) the director of the lottery division of the
Texas Alcoholic Beverage and Gaming [Lottery] Commission.
SECTION 2.39. Sections 151.433(c) and (g), Tax Code, are
amended to read as follows:
(c) The wholesaler or distributor shall file the report on
or before the 25th day of each month. The report must contain the
following information for the preceding calendar month's sales in
relation to each retailer:
(1) the name of the retailer and the address of the
retailer's outlet location to which the wholesaler or distributor
delivered beer, wine, or malt liquor, including the city and zip
code;
(2) the taxpayer number assigned by the comptroller to
the retailer, if the wholesaler or distributor is in possession of
the number;
(3) the permit or license number assigned to the
retailer by the Texas Alcoholic Beverage and Gaming Commission; and
(4) the monthly net sales made to the retailer by
outlet by the wholesaler or distributor, including the quantity and
units of beer, wine, and malt liquor sold to the retailer.
(g) If a person fails to file a report required by this
section or fails to file a complete report, the comptroller may
notify the Texas Alcoholic Beverage and Gaming Commission of the
failure and the commission may take administrative action against
the person for the failure under the Alcoholic Beverage Code.
SECTION 2.40. Sections 154.024(b) and (c), Tax Code, are
amended to read as follows:
(b) Employees of the Texas Alcoholic Beverage and Gaming
Commission who collect taxes on alcoholic beverages at ports of
entry shall collect at the ports of entry the tax imposed by this
chapter on cigarettes imported into this state. In computing the
amount of taxes to be collected, the commission may round the total
amount up to the nearest quarter of a dollar.
(c) The comptroller and the Texas Alcoholic Beverage and
Gaming Commission shall make rules for the administration of this
section.
SECTION 2.41. Section 201.612(d), Transportation Code, is
amended to read as follows:
(d) In determining whether to approve the construction of
the bridge, the commission shall solicit the advice of:
(1) the Department of Public Safety;
(2) the Texas Natural Resource Conservation
Commission;
(3) the Texas Historical Commission;
(4) the Department of Agriculture;
(5) the Texas Alcoholic Beverage and Gaming
Commission;
(6) the Texas Department of Commerce; and
(7) any other state agency the commission determines
is appropriate.
SECTION 2.42. Sections 721.003(a) and (e), Transportation
Code, are amended to read as follows:
(a) The governing bodies of the following state agencies or
divisions by rule may exempt from the requirements of Section
721.002 a motor vehicle that is under the control and custody of the
agency or division:
(1) Texas Commission on Fire Protection;
(2) Texas State Board of Pharmacy;
(3) Department of State Health Services and Department
of Aging and Disability Services;
(4) Department of Public Safety of the State of Texas;
(5) Texas Department of Criminal Justice;
(6) Board of Pardons and Paroles;
(7) Parks and Wildlife Department;
(8) Railroad Commission of Texas;
(9) Texas Alcoholic Beverage and Gaming Commission;
(10) Texas Department of Banking;
(11) Department of Savings and Mortgage Lending;
(12) Texas Juvenile Probation Commission;
(13) Texas Commission on Environmental Quality;
(14) Texas Youth Commission;
(15) [Texas Lottery Commission;
[(16)] the office of the attorney general;
(16) [(17)] Texas Department of Insurance; and
(17) [(18)] an agency that receives an appropriation
under an article of the General Appropriations Act that
appropriates money to the legislature.
(e) A rule adopted by the Texas Alcoholic Beverage and
Gaming [Lottery] Commission under Subsection (a) may exempt from
the requirements of Section 721.002 only a motor vehicle used
exclusively for surveillance purposes.
SECTION 2.43. Sections 1.03(3) and (5), Texas Racing Act
(Article 179e, Vernon's Texas Civil Statutes), are amended to read
as follows:
(3) "Commission" means the Texas Alcoholic Beverage
and Gaming [Racing] Commission.
(5) "Executive secretary" means the administrator
[executive secretary] of the Texas Alcoholic Beverage and Gaming
[Racing] Commission.
ARTICLE 3. REPEALER
SECTION 3.01. The following provisions of the Government
Code are repealed:
(1) Section 466.003;
(2) Section 467.002;
(3) Subchapter B, Chapter 467;
(4) Section 467.104; and
(5) Section 467.105.
SECTION 3.02. The following provisions of the Texas Racing
Act (Article 179e, Vernon's Texas Civil Statutes) are repealed:
(1) Section 2.01;
(2) Section 2.02;
(3) Section 2.03;
(4) Section 2.04;
(5) Section 2.05;
(6) Section 2.06;
(7) Section 2.071;
 (8) Section 2.072;
(9) Section 2.073;
(10) Section 2.074;
(11) Section 2.08;
(12) Section 2.09;
(13) Section 2.10;
(14) Section 2.11;
(15) Section 2.12;
(16) Section 2.13;
(17) Section 2.14;
(18) Section 2.17;
(19) Section 2.18;
(20) Section 2.19;
(21) Section 2.20;
(22) Section 2.21;
(23) Section 2.22;
(24) Section 2.23;
(25) Section 2.24; and
(26) Section 18.01.
ARTICLE 4. TRANSITION AND EFFECTIVE DATE
SECTION 4.01. (a) Promptly after this Act takes effect, the
governor shall appoint two additional members to the Texas
Alcoholic Beverage and Gaming Commission. In appointing those
members, the governor shall appoint one person to a term expiring
November 15, 2015, and one to a term expiring November 15, 2017.
The governor shall ensure that the appointments to the commission
comply with the experience requirements provided by Section
5.02(a), Alcoholic Beverage Code, as amended by this Act, not later
than November 15, 2013.
(b) Until all appointees to the Texas Alcoholic Beverage and
Gaming Commission have taken office, a quorum of the commission is a
majority of the number of members who are qualified.
SECTION 4.02. (a) On the effective date of this Act, the
Texas Lottery Commission and the Texas Racing Commission are
abolished and all powers, duties, obligations, rights, contracts,
bonds, appropriations, records, property, and personnel of those
agencies are transferred to the Texas Alcoholic Beverage and Gaming
Commission.
(b) A rule, policy, procedure, or decision of the Texas
Alcoholic Beverage Commission, the Texas Lottery Commission, or the
Texas Racing Commission continues in effect as a rule, policy,
procedure, or decision of the Texas Alcoholic Beverage and Gaming
Commission until superseded by an act of the Texas Alcoholic
Beverage and Gaming Commission.
(c) A reference in another law to the Texas Alcoholic
Beverage Commission, the Texas Lottery Commission, or the Texas
Racing Commission means the Texas Alcoholic Beverage and Gaming
Commission.
SECTION 4.03. (a) On September 1, 2011, or as soon as
possible after that date, the Texas Lottery Commission, the Texas
Racing Commission, and the Texas Alcoholic Beverage Commission
shall adopt a comprehensive plan to ensure the smooth transition of
all programs operated by the Texas Lottery Commission and Texas
Racing Commission to the Texas Alcoholic Beverage and Gaming
Commission.
(b) This section takes effect September 1, 2011.
SECTION 4.04. Except as otherwise provided by this Act,
this Act takes effect September 1, 2012.