Texas 2021 - 87th Regular

Texas House Bill HB4069 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5374 JAM-D
2	2	By: Middleton H.B. No. 4069
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolition of the Texas Alcoholic Beverage Commission
8	8	and the transfer of the regulation of alcoholic beverages to the
9	9	Texas Department of Licensing and Regulation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1.04, Alcoholic Beverage Code, is
12	12	amended by amending Subdivision (10) and adding Subdivision (29) to
13	13	read as follows:
14	14	(10) "Commission" means the Texas Department of
15	15	Licensing and Regulation [Alcoholic Beverage Commission].
16	16	(29) "Administrator" means the executive director of
17	17	the Texas Department of Licensing and Regulation.
18	18	SECTION 2. Section 1.09, Alcoholic Beverage Code, as
19	19	effective September 1, 2021, is amended to read as follows:
20	20	Sec. 1.09. REFERENCES TO CERTAIN TERMS. (a) A reference in
21	21	this code to:
22	22	(1) "Ale," "beer," or "malt liquor" means a malt
23	23	beverage.
24	24	(2) "Brewer's permit" or "manufacturer's license"
25	25	means a brewer's license.
26	26	(3) "Nonresident brewer's permit" or "nonresident
27	27	manufacturer's license" means a nonresident brewer's license.
28	28	(4) "Wine and beer retailer's off-premise permit"
29	29	means a wine and malt beverage retailer's off-premise permit.
30	30	(5) "Wine and beer retailer's permit" means a wine and
31	31	malt beverage retailer's permit.
32	32	(b) A reference in this code or in any other law to the Texas
33	33	Alcoholic Beverage Commission means the Texas Department of
34	34	Licensing and Regulation.
35	35	SECTION 3. Article 2.12, Code of Criminal Procedure, is
36	36	amended to read as follows:
37	37	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
38	38	officers:
39	39	(1) sheriffs, their deputies, and those reserve
40	40	deputies who hold a permanent peace officer license issued under
41	41	Chapter 1701, Occupations Code;
42	42	(2) constables, deputy constables, and those reserve
43	43	deputy constables who hold a permanent peace officer license issued
44	44	under Chapter 1701, Occupations Code;
45	45	(3) marshals or police officers of an incorporated
46	46	city, town, or village, and those reserve municipal police officers
47	47	who hold a permanent peace officer license issued under Chapter
48	48	1701, Occupations Code;
49	49	(4) rangers, officers, and members of the reserve
50	50	officer corps commissioned by the Public Safety Commission and the
51	51	Director of the Department of Public Safety;
52	52	(5) investigators of the district attorneys', criminal
53	53	district attorneys', and county attorneys' offices;
54	54	(6) [law enforcement agents of the Texas Alcoholic
55	55	Beverage Commission;
56	56	[(7)] each member of an arson investigating unit
57	57	commissioned by a city, a county, or the state;
58	58	(7) [(8)] officers commissioned under Section 37.081,
59	59	Education Code, or Subchapter E, Chapter 51, Education Code;
60	60	(8) [(9)] officers commissioned by the General
61	61	Services Commission;
62	62	(9) [(10)] law enforcement officers commissioned by
63	63	the Parks and Wildlife Commission;
64	64	(10) [(11)] airport police officers commissioned by a
65	65	city with a population of more than 1.18 million located primarily
66	66	in a county with a population of 2 million or more that operates an
67	67	airport that serves commercial air carriers;
68	68	(11) [(12)] airport security personnel commissioned
69	69	as peace officers by the governing body of any political
70	70	subdivision of this state, other than a city described by
71	71	Subdivision (10) [(11)], that operates an airport that serves
72	72	commercial air carriers;
73	73	(12) [(13)] municipal park and recreational patrolmen
74	74	and security officers;
75	75	(13) [(14)] security officers and investigators
76	76	commissioned as peace officers by the comptroller;
77	77	(14) [(15)] officers commissioned by a water control
78	78	and improvement district under Section 49.216, Water Code;
79	79	(15) [(16)] officers commissioned by a board of
80	80	trustees under Chapter 54, Transportation Code;
81	81	(16) [(17)] investigators commissioned by the Texas
82	82	Medical Board;
83	83	(17) [(18)] officers commissioned by:
84	84	(A) the board of managers of the Dallas County
85	85	Hospital District, the Tarrant County Hospital District, the Bexar
86	86	County Hospital District, or the El Paso County Hospital District
87	87	under Section 281.057, Health and Safety Code;
88	88	(B) the board of directors of the Ector County
89	89	Hospital District under Section 1024.117, Special District Local
90	90	Laws Code;
91	91	(C) the board of directors of the Midland County
92	92	Hospital District of Midland County, Texas, under Section 1061.121,
93	93	Special District Local Laws Code; and
94	94	(D) the board of hospital managers of the Lubbock
95	95	County Hospital District of Lubbock County, Texas, under Section
96	96	1053.113, Special District Local Laws Code;
97	97	(18) [(19)] county park rangers commissioned under
98	98	Subchapter E, Chapter 351, Local Government Code;
99	99	(19) [(20)] investigators employed by the Texas
100	100	Racing Commission;
101	101	(20) [(21)] officers commissioned under Chapter 554,
102	102	Occupations Code;
103	103	(21) [(22)] officers commissioned by the governing
104	104	body of a metropolitan rapid transit authority under Section
105	105	451.108, Transportation Code, or by a regional transportation
106	106	authority under Section 452.110, Transportation Code;
107	107	(22) [(23)] investigators commissioned by the
108	108	attorney general under Section 402.009, Government Code;
109	109	(23) [(24)] security officers and investigators
110	110	commissioned as peace officers under Chapter 466, Government Code;
111	111	(24) [(25)] officers appointed by an appellate court
112	112	under Subchapter F, Chapter 53, Government Code;
113	113	(25) [(26)] officers commissioned by the state fire
114	114	marshal under Chapter 417, Government Code;
115	115	(26) [(27)] an investigator commissioned by the
116	116	commissioner of insurance under Section 701.104, Insurance Code;
117	117	(27) [(28)] apprehension specialists and inspectors
118	118	general commissioned by the Texas Juvenile Justice Department as
119	119	officers under Sections 242.102 and 243.052, Human Resources Code;
120	120	(28) [(29)] officers appointed by the inspector
121	121	general of the Texas Department of Criminal Justice under Section
122	122	493.019, Government Code;
123	123	(29) [(30)] investigators commissioned by the Texas
124	124	Commission on Law Enforcement under Section 1701.160, Occupations
125	125	Code;
126	126	(30) [(31)] commission investigators commissioned by
127	127	the Texas Private Security Board under Section 1702.061,
128	128	Occupations Code;
129	129	(31) [(32)] the fire marshal and any officers,
130	130	inspectors, or investigators commissioned by an emergency services
131	131	district under Chapter 775, Health and Safety Code;
132	132	(32) [(33)] officers commissioned by the State Board
133	133	of Dental Examiners under Section 254.013, Occupations Code,
134	134	subject to the limitations imposed by that section;
135	135	(33) [(34)] investigators commissioned by the Texas
136	136	Juvenile Justice Department as officers under Section 221.011,
137	137	Human Resources Code; and
138	138	(34) [(35)] the fire marshal and any related officers,
139	139	inspectors, or investigators commissioned by a county under
140	140	Subchapter B, Chapter 352, Local Government Code.
141	141	SECTION 4. Article 18B.001(1), Code of Criminal Procedure,
142	142	is amended to read as follows:
143	143	(1) "Authorized peace officer" means:
144	144	(A) a sheriff or deputy sheriff;
145	145	(B) a constable or deputy constable;
146	146	(C) a marshal or police officer of a
147	147	municipality;
148	148	(D) a ranger or officer commissioned by the
149	149	Public Safety Commission or the director of the department;
150	150	(E) an investigator of a prosecutor's office;
151	151	(F) [a law enforcement agent of the Texas
152	152	Alcoholic Beverage Commission;
153	153	[(G)] a law enforcement officer commissioned by
154	154	the Parks and Wildlife Commission;
155	155	(G) [(H)] an enforcement officer appointed by
156	156	the inspector general of the Texas Department of Criminal Justice
157	157	under Section 493.019, Government Code;
158	158	(H) [(I)] an investigator commissioned by the
159	159	attorney general under Section 402.009, Government Code; or
160	160	(I) [(J)] a member of an arson investigating unit
161	161	commissioned by a municipality, a county, or the state.
162	162	SECTION 5. Section 402.035(c), Government Code, is amended
163	163	to read as follows:
164	164	(c) The task force is composed of the following:
165	165	(1) the governor or the governor's designee;
166	166	(2) the attorney general or the attorney general's
167	167	designee;
168	168	(3) the executive commissioner of the Health and Human
169	169	Services Commission or the executive commissioner's designee;
170	170	(4) the commissioner of the Department of Family and
171	171	Protective Services or the commissioner's designee;
172	172	(5) the commissioner of the Department of State Health
173	173	Services or the commissioner's designee;
174	174	(6) the public safety director of the Department of
175	175	Public Safety or the director's designee;
176	176	(7) one representative from each of the following
177	177	state agencies, appointed by the chief administrative officer of
178	178	the respective agency:
179	179	(A) the Texas Workforce Commission;
180	180	(B) the Texas Department of Criminal Justice;
181	181	(C) the Texas Juvenile Justice Department;
182	182	(D) the Texas Education Agency;
183	183	(E) [the Texas Alcoholic Beverage Commission;
184	184	[(F)] the Parks and Wildlife Department;
185	185	(F) [(G)] the Supreme Court of Texas Permanent
186	186	Judicial Commission for Children, Youth and Families;
187	187	(G) [(H)] the Texas Department of Licensing and
188	188	Regulation;
189	189	(H) [(I)] the Office of Court Administration of
190	190	the Texas Judicial System;
191	191	(I) [(J)] the office of the secretary of state;
192	192	and
193	193	(J) [(K)] the Texas Commission on Law
194	194	Enforcement; and
195	195	(8) as appointed by the attorney general:
196	196	(A) a chief public defender employed by a public
197	197	defender's office, as defined by Article 26.044(a), Code of
198	198	Criminal Procedure, or an attorney designated by the chief public
199	199	defender;
200	200	(B) an attorney representing the state;
201	201	(C) a representative of:
202	202	(i) a hotel and motel association;
203	203	(ii) a district and county attorneys
204	204	association;
205	205	(iii) a state police association; and
206	206	(iv) a statewide medical association;
207	207	(D) representatives of sheriff's departments;
208	208	(E) representatives of local law enforcement
209	209	agencies affected by human trafficking; and
210	210	(F) representatives of nongovernmental entities
211	211	making comprehensive efforts to combat human trafficking by:
212	212	(i) identifying human trafficking victims;
213	213	(ii) providing legal or other services to
214	214	human trafficking victims;
215	215	(iii) participating in community outreach
216	216	or public awareness efforts regarding human trafficking;
217	217	(iv) providing or developing training
218	218	regarding the prevention of human trafficking; or
219	219	(v) engaging in other activities designed
220	220	to prevent human trafficking.
221	221	SECTION 6. Section 572.003(c), Government Code, is amended
222	222	to read as follows:
223	223	(c) The term means a member of:
224	224	(1) the Public Utility Commission of Texas;
225	225	(2) the Texas Commission on Environmental Quality;
226	226	(3) [the Texas Alcoholic Beverage Commission;
227	227	[(4)] the Finance Commission of Texas;
228	228	(4) [(5)] the Texas Facilities Commission;
229	229	(5) [(6)] the Texas Board of Criminal Justice;
230	230	(6) [(7)] the board of trustees of the Employees
231	231	Retirement System of Texas;
232	232	(7) [(8)] the Texas Transportation Commission;
233	233	(8) [(9)] the Texas Department of Insurance;
234	234	(9) [(10)] the Parks and Wildlife Commission;
235	235	(10) [(11)] the Public Safety Commission;
236	236	(11) [(12)] the Texas Ethics Commission;
237	237	(12) [(13)] the State Securities Board;
238	238	(13) [(14)] the Texas Water Development Board;
239	239	(14) [(15)] the governing board of a public senior
240	240	college or university as defined by Section 61.003, Education Code,
241	241	or of The University of Texas Southwestern Medical Center, The
242	242	University of Texas Medical Branch at Galveston, The University of
243	243	Texas Health Science Center at Houston, The University of Texas
244	244	Health Science Center at San Antonio, The University of Texas M. D.
245	245	Anderson Cancer Center, The University of Texas Health Science
246	246	Center at Tyler, University of North Texas Health Science Center at
247	247	Fort Worth, Texas Tech University Health Sciences Center, Texas
248	248	State Technical College--Harlingen, Texas State Technical
249	249	College--Marshall, Texas State Technical College--Sweetwater, or
250	250	Texas State Technical College--Waco;
251	251	(15) [(16)] the Texas Higher Education Coordinating
252	252	Board;
253	253	(16) [(17)] the Texas Workforce Commission;
254	254	(17) [(18)] the board of trustees of the Teacher
255	255	Retirement System of Texas;
256	256	(18) [(19)] the Credit Union Commission;
257	257	(19) [(20)] the School Land Board;
258	258	(20) [(21)] the board of the Texas Department of
259	259	Housing and Community Affairs;
260	260	(21) [(22)] the Texas Racing Commission;
261	261	(22) [(23)] the State Board of Dental Examiners;
262	262	(23) [(24)] the Texas Medical Board;
263	263	(24) [(25)] the Board of Pardons and Paroles;
264	264	(25) [(26)] the Texas State Board of Pharmacy;
265	265	(26) [(27)] the Department of Information Resources
266	266	governing board;
267	267	(27) [(28)] the Motor Vehicle Board;
268	268	(28) [(29)] the Texas Real Estate Commission;
269	269	(29) [(30)] the board of directors of the State Bar of
270	270	Texas;
271	271	(30) [(31)] the Bond Review Board;
272	272	(31) [(32)] the Health and Human Services Commission;
273	273	(32) [(33)] the Texas Funeral Service Commission;
274	274	(33) [(34)] the board of directors of a river
275	275	authority created under the Texas Constitution or a statute of this
276	276	state;
277	277	(34) [(35)] the Texas Lottery Commission; or
278	278	(35) [(36)] the Cancer Prevention and Research
279	279	Institute of Texas.
280	280	SECTION 7. Section 614.021(a), Government Code, is amended
281	281	to read as follows:
282	282	(a) Except as provided by Subsection (b), this subchapter
283	283	applies only to a complaint against:
284	284	(1) a law enforcement officer of the State of Texas,
285	285	including an officer of the Department of Public Safety [or of the
286	286	Texas Alcoholic Beverage Commission];
287	287	(2) a fire fighter who is employed by this state or a
288	288	political subdivision of this state;
289	289	(3) a peace officer under Article 2.12, Code of
290	290	Criminal Procedure, or other law who is appointed or employed by a
291	291	political subdivision of this state; or
292	292	(4) a detention officer or county jailer who is
293	293	appointed or employed by a political subdivision of this state.
294	294	SECTION 8. Section 614.171(1), Government Code, is amended
295	295	to read as follows:
296	296	(1) "Law enforcement agency" means the Department of
297	297	Public Safety, [Texas Alcoholic Beverage Commission,] Texas
298	298	Department of Criminal Justice, and Parks and Wildlife Department.
299	299	SECTION 9. Section 659.301(5), Government Code, is amended
300	300	to read as follows:
301	301	(5) "State employee" means an individual who:
302	302	(A) is a commissioned law enforcement officer of
303	303	the Department of Public Safety, the Texas Facilities Commission,
304	304	[the Texas Alcoholic Beverage Commission,] the Texas Department of
305	305	Criminal Justice, the attorney general, or the insurance fraud unit
306	306	of the Texas Department of Insurance;
307	307	(B) is a commissioned security officer of the
308	308	comptroller;
309	309	(C) is a law enforcement officer commissioned by
310	310	the Parks and Wildlife Commission;
311	311	(D) is a commissioned peace officer of an
312	312	institution of higher education;
313	313	(E) is an employee or official of the Board of
314	314	Pardons and Paroles or the parole division of the Texas Department
315	315	of Criminal Justice if the employee or official has routine direct
316	316	contact with inmates of any penal or correctional institution or
317	317	with administratively released prisoners subject to the board's
318	318	jurisdiction;
319	319	(F) has been certified to the Employees
320	320	Retirement System of Texas under Section 815.505 as having begun
321	321	employment as a law enforcement officer or custodial officer,
322	322	unless the individual has been certified to the system as having
323	323	ceased employment as a law enforcement officer or custodial
324	324	officer;
325	325	(G) before May 29, 1987, received hazardous duty
326	326	pay based on the terms of any state law if the individual holds a
327	327	position designated under that law as eligible for the pay; or
328	328	(H) is a security officer employed by the Texas
329	329	Military Department.
330	330	SECTION 10. Section 661.918(a), Government Code, is amended
331	331	to read as follows:
332	332	(a) This section applies to a peace officer under Article
333	333	2.12, Code of Criminal Procedure, who is commissioned as a law
334	334	enforcement officer or agent, including a ranger, by:
335	335	(1) the Public Safety Commission and the director of
336	336	the Department of Public Safety;
337	337	(2) the Parks and Wildlife Commission;
338	338	(3) [the Texas Alcoholic Beverage Commission;
339	339	[(4)] the attorney general; or
340	340	(4) [(5)] the insurance fraud unit of the Texas
341	341	Department of Insurance.
342	342	SECTION 11. Section 811.001(9), Government Code, is amended
343	343	to read as follows:
344	344	(9) "Law enforcement officer" means a member of the
345	345	retirement system who:
346	346	(A) has been commissioned as a law enforcement
347	347	officer by the Department of Public Safety, [the Texas Alcoholic
348	348	Beverage Commission,] the Parks and Wildlife Department, or the
349	349	office of inspector general at the Texas Juvenile Justice
350	350	Department; and
351	351	(B) is recognized as a commissioned law
352	352	enforcement officer by the Texas Commission on Law Enforcement.
353	353	SECTION 12. Section 814.104(b), Government Code, is amended
354	354	to read as follows:
355	355	(b) A member who is at least 55 years old and who has at
356	356	least 10 years of service credit as a commissioned peace officer
357	357	engaged in criminal law enforcement activities of the Department of
358	358	Public Safety, [the Texas Alcoholic Beverage Commission,] the Parks
359	359	and Wildlife Department, or the office of inspector general at the
360	360	Texas Juvenile Justice Department, or as a custodial officer, is
361	361	eligible to retire and receive a service retirement annuity.
362	362	SECTION 13. Section 815.505, Government Code, is amended to
363	363	read as follows:
364	364	Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
365	365	CUSTODIAL OFFICERS. Not later than the 12th day of the month
366	366	following the month in which a person begins or ceases employment as
367	367	a law enforcement officer or custodial officer, the Public Safety
368	368	Commission, [the Texas Alcoholic Beverage Commission,] the Parks
369	369	and Wildlife Commission, the office of inspector general at the
370	370	Texas Juvenile Justice Department, the Board of Pardons and
371	371	Paroles, or the Texas Board of Criminal Justice, as applicable,
372	372	shall certify to the retirement system, in the manner prescribed by
373	373	the system, the name of the employee and such other information as
374	374	the system determines is necessary for the crediting of service and
375	375	financing of benefits under this subtitle.
376	376	SECTION 14. Section 362.005(c), Local Government Code, is
377	377	amended to read as follows:
378	378	(c) Each law enforcement agency in a county located along
379	379	the Texas-Mexico border or in a county that contains a federal
380	380	checkpoint shall report to the Texas Transnational Intelligence
381	381	Center intelligence regarding criminal activity in the law
382	382	enforcement agency's jurisdiction, including details on
383	383	kidnappings, home invasions, and incidents of impersonation of law
384	384	enforcement officers. The [Texas Alcoholic Beverage Commission
385	385	and] Parks and Wildlife Department shall report to the center
386	386	intelligence regarding transnational criminal activity in the
387	387	agency's jurisdiction.
388	388	SECTION 15. Section 1701.356(a), Occupations Code, is
389	389	amended to read as follows:
390	390	(a) An officer is not subject to Section 1701.351 or
391	391	1701.352 if the officer is:
392	392	(1) an honorably retired commissioned officer of the
393	393	Department of Public Safety who is:
394	394	(A) a special ranger under Section 411.023,
395	395	Government Code; or
396	396	(B) a special Texas Ranger under Section 411.024,
397	397	Government Code; or
398	398	(2) an honorably retired commissioned officer of the
399	399	Parks and Wildlife Department who is a special game warden under
400	400	Section 11.0201, Parks and Wildlife Code[; or
401	401	[(3) an honorably retired commissioned officer of the
402	402	Texas Alcoholic Beverage Commission who is a special inspector or
403	403	representative under Section 5.142, Alcoholic Beverage Code].
404	404	SECTION 16. The following provisions are repealed:
405	405	(1) Subchapter A, Chapter 5, Alcoholic Beverage Code;
406	406	and
407	407	(2) Section 411.091, Government Code.
408	408	SECTION 17. (a) The Texas Alcoholic Beverage Commission is
409	409	abolished but continues in existence until September 1, 2022, for
410	410	the sole purpose of transferring obligations, property, rights,
411	411	powers, and duties to the Texas Department of Licensing and
412	412	Regulation. The Texas Department of Licensing and Regulation
413	413	assumes all of the obligations, property, rights, powers, and
414	414	duties of the Texas Alcoholic Beverage Commission as they exist
415	415	immediately before the effective date of this Act. All unexpended
416	416	funds appropriated to the Texas Alcoholic Beverage Commission are
417	417	transferred to the Texas Department of Licensing and Regulation.
418	418	(b) The Texas Alcoholic Beverage Commission and the Texas
419	419	Department of Licensing and Regulation shall, in consultation with
420	420	appropriate state entities, ensure that the transfer of the
421	421	obligations, property, rights, powers, and duties of the Texas
422	422	Alcoholic Beverage Commission to the Texas Department of Licensing
423	423	and Regulation is completed not later than September 1, 2022.
424	424	(c) All rules of the Texas Alcoholic Beverage Commission are
425	425	continued in effect as rules of the Texas Department of Licensing
426	426	and Regulation until superseded by a rule of the Texas Department of
427	427	Licensing and Regulation. A license or permit issued by the Texas
428	428	Alcoholic Beverage Commission is continued in effect as provided by
429	429	the law in effect immediately before the effective date of this Act.
430	430	An application for a license or permit pending on the effective
431	431	date of this Act is continued without change in status after the
432	432	effective date of this Act. A complaint, investigation, contested
433	433	case, or other proceeding pending on the effective date of this Act
434	434	is continued without change in status after the effective date of
435	435	this Act.
436	436	(d) Unless the context indicates otherwise, a reference to
437	437	the Texas Alcoholic Beverage Commission in a law or administrative
438	438	rule means the Texas Department of Licensing and Regulation.
439	439	SECTION 18. (a) A violation of a law that is repealed by
440	440	this Act is governed by the law in effect when the violation was
441	441	committed, and the former law is continued in effect for that
442	442	purpose.
443	443	(b) For purposes of this section, a violation was committed
444	444	before the effective date of this Act if any element of the
445	445	violation occurred before that date.
446	446	SECTION 19. This Act takes effect immediately if it
447	447	receives a vote of two-thirds of all the members elected to each
448	448	house, as provided by Section 39, Article III, Texas Constitution.
449	449	If this Act does not receive the vote necessary for immediate
450	450	effect, this Act takes effect September 1, 2021.