87R5374 JAM-D     By: Springer S.B. No. 1975       A BILL TO BE ENTITLED   AN ACT   relating to abolition of the Texas Alcoholic Beverage Commission   and the transfer of the regulation of alcoholic beverages to the   Texas Department of Licensing and Regulation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.04, Alcoholic Beverage Code, is   amended by amending Subdivision (10) and adding Subdivision (29) to   read as follows:                (10)  "Commission" means the Texas Department of   Licensing and Regulation [Alcoholic Beverage Commission].                (29)  "Administrator" means the executive director of   the Texas Department of Licensing and Regulation.          SECTION 2.  Section 1.09, Alcoholic Beverage Code, as   effective September 1, 2021, is amended to read as follows:          Sec. 1.09.  REFERENCES TO CERTAIN TERMS. (a) A reference in   this code to:                (1)  "Ale," "beer," or "malt liquor" means a malt   beverage.                (2)  "Brewer's permit" or "manufacturer's license"   means a brewer's license.                (3)  "Nonresident brewer's permit" or "nonresident   manufacturer's license" means a nonresident brewer's license.                (4)  "Wine and beer retailer's off-premise permit"   means a wine and malt beverage retailer's off-premise permit.                (5)  "Wine and beer retailer's permit" means a wine and   malt beverage retailer's permit.          (b)  A reference in this code or in any other law to the Texas   Alcoholic Beverage Commission means the Texas Department of   Licensing and Regulation.          SECTION 3.  Article 2.12, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace   officers:                (1)  sheriffs, their deputies, and those reserve   deputies who hold a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  constables, deputy constables, and those reserve   deputy constables who hold a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  marshals or police officers of an incorporated   city, town, or village, and those reserve municipal police officers   who hold a permanent peace officer license issued under Chapter   1701, Occupations Code;                (4)  rangers, officers, and members of the reserve   officer corps commissioned by the Public Safety Commission and the   Director of the Department of Public Safety;                (5)  investigators of the district attorneys', criminal   district attorneys', and county attorneys' offices;                (6)  [law enforcement agents of the Texas Alcoholic   Beverage Commission;                [(7)]  each member of an arson investigating unit   commissioned by a city, a county, or the state;                (7) [(8)]  officers commissioned under Section 37.081,   Education Code, or Subchapter E, Chapter 51, Education Code;                (8) [(9)]  officers commissioned by the General   Services Commission;                (9) [(10)]  law enforcement officers commissioned by   the Parks and Wildlife Commission;                (10) [(11)]  airport police officers commissioned by a   city with a population of more than 1.18 million located primarily   in a county with a population of 2 million or more that operates an   airport that serves commercial air carriers;                (11) [(12)]  airport security personnel commissioned   as peace officers by the governing body of any political   subdivision of this state, other than a city described by   Subdivision (10) [(11)], that operates an airport that serves   commercial air carriers;                (12) [(13)]  municipal park and recreational patrolmen   and security officers;                (13) [(14)]  security officers and investigators   commissioned as peace officers by the comptroller;                (14) [(15)]  officers commissioned by a water control   and improvement district under Section 49.216, Water Code;                (15) [(16)]  officers commissioned by a board of   trustees under Chapter 54, Transportation Code;                (16) [(17)]  investigators commissioned by the Texas   Medical Board;                (17) [(18)]  officers commissioned by:                      (A)  the board of managers of the Dallas County   Hospital District, the Tarrant County Hospital District, the Bexar   County Hospital District, or the El Paso County Hospital District   under Section 281.057, Health and Safety Code;                      (B)  the board of directors of the Ector County   Hospital District under Section 1024.117, Special District Local   Laws Code;                      (C)  the board of directors of the Midland County   Hospital District of Midland County, Texas, under Section 1061.121,   Special District Local Laws Code; and                      (D)  the board of hospital managers of the Lubbock   County Hospital District of Lubbock County, Texas, under Section   1053.113, Special District Local Laws Code;                (18) [(19)]  county park rangers commissioned under   Subchapter E, Chapter 351, Local Government Code;                (19) [(20)]  investigators employed by the Texas   Racing Commission;                (20) [(21)]  officers commissioned under Chapter 554,   Occupations Code;                (21) [(22)]  officers commissioned by the governing   body of a metropolitan rapid transit authority under Section   451.108, Transportation Code, or by a regional transportation   authority under Section 452.110, Transportation Code;                (22) [(23)]  investigators commissioned by the   attorney general under Section 402.009, Government Code;                (23) [(24)]  security officers and investigators   commissioned as peace officers under Chapter 466, Government Code;                (24) [(25)]  officers appointed by an appellate court   under Subchapter F, Chapter 53, Government Code;                (25) [(26)]  officers commissioned by the state fire   marshal under Chapter 417, Government Code;                (26) [(27)]  an investigator commissioned by the   commissioner of insurance under Section 701.104, Insurance Code;                (27) [(28)]  apprehension specialists and inspectors   general commissioned by the Texas Juvenile Justice Department as   officers under Sections 242.102 and 243.052, Human Resources Code;                (28) [(29)]  officers appointed by the inspector   general of the Texas Department of Criminal Justice under Section   493.019, Government Code;                (29) [(30)]  investigators commissioned by the Texas   Commission on Law Enforcement under Section 1701.160, Occupations   Code;                (30) [(31)]  commission investigators commissioned by   the Texas Private Security Board under Section 1702.061,   Occupations Code;                (31) [(32)]  the fire marshal and any officers,   inspectors, or investigators commissioned by an emergency services   district under Chapter 775, Health and Safety Code;                (32) [(33)]  officers commissioned by the State Board   of Dental Examiners under Section 254.013, Occupations Code,   subject to the limitations imposed by that section;                (33) [(34)]  investigators commissioned by the Texas   Juvenile Justice Department as officers under Section 221.011,   Human Resources Code; and                (34) [(35)]  the fire marshal and any related officers,   inspectors, or investigators commissioned by a county under   Subchapter B, Chapter 352, Local Government Code.          SECTION 4.  Article 18B.001(1), Code of Criminal Procedure,   is amended to read as follows:                (1)  "Authorized peace officer" means:                      (A)  a sheriff or deputy sheriff;                      (B)  a constable or deputy constable;                      (C)  a marshal or police officer of a   municipality;                      (D)  a ranger or officer commissioned by the   Public Safety Commission or the director of the department;                      (E)  an investigator of a prosecutor's office;                      (F)  [a law enforcement agent of the Texas   Alcoholic Beverage Commission;                      [(G)]  a law enforcement officer commissioned by   the Parks and Wildlife Commission;                      (G) [(H)]  an enforcement officer appointed by   the inspector general of the Texas Department of Criminal Justice   under Section 493.019, Government Code;                      (H) [(I)]  an investigator commissioned by the   attorney general under Section 402.009, Government Code; or                      (I) [(J)]  a member of an arson investigating unit   commissioned by a municipality, a county, or the state.          SECTION 5.  Section 402.035(c), Government Code, is amended   to read as follows:          (c)  The task force is composed of the following:                (1)  the governor or the governor's designee;                (2)  the attorney general or the attorney general's   designee;                (3)  the executive commissioner of the Health and Human   Services Commission or the executive commissioner's designee;                (4)  the commissioner of the Department of Family and   Protective Services or the commissioner's designee;                (5)  the commissioner of the Department of State Health   Services or the commissioner's designee;                (6)  the public safety director of the Department of   Public Safety or the director's designee;                (7)  one representative from each of the following   state agencies, appointed by the chief administrative officer of   the respective agency:                      (A)  the Texas Workforce Commission;                      (B)  the Texas Department of Criminal Justice;                      (C)  the Texas Juvenile Justice Department;                      (D)  the Texas Education Agency;                      (E)  [the Texas Alcoholic Beverage Commission;                      [(F)]  the Parks and Wildlife Department;                      (F) [(G)]  the Supreme Court of Texas Permanent   Judicial Commission for Children, Youth and Families;                      (G) [(H)]  the Texas Department of Licensing and   Regulation;                      (H) [(I)]  the Office of Court Administration of   the Texas Judicial System;                      (I) [(J)]  the office of the secretary of state;   and                      (J) [(K)]  the Texas Commission on Law   Enforcement; and                (8)  as appointed by the attorney general:                      (A)  a chief public defender employed by a public   defender's office, as defined by Article 26.044(a), Code of   Criminal Procedure, or an attorney designated by the chief public   defender;                      (B)  an attorney representing the state;                      (C)  a representative of:                            (i)  a hotel and motel association;                            (ii)  a district and county attorneys   association;                            (iii)  a state police association; and                            (iv)  a statewide medical association;                      (D)  representatives of sheriff's departments;                      (E)  representatives of local law enforcement   agencies affected by human trafficking; and                      (F)  representatives of nongovernmental entities   making comprehensive efforts to combat human trafficking by:                            (i)  identifying human trafficking victims;                            (ii)  providing legal or other services to   human trafficking victims;                            (iii)  participating in community outreach   or public awareness efforts regarding human trafficking;                            (iv)  providing or developing training   regarding the prevention of human trafficking; or                            (v)  engaging in other activities designed   to prevent human trafficking.          SECTION 6.  Section 572.003(c), Government Code, is amended   to read as follows:          (c)  The term means a member of:                (1)  the Public Utility Commission of Texas;                (2)  the Texas Commission on Environmental Quality;                (3)  [the Texas Alcoholic Beverage Commission;                [(4)]  the Finance Commission of Texas;                (4) [(5)]  the Texas Facilities Commission;                (5) [(6)]  the Texas Board of Criminal Justice;                (6) [(7)]  the board of trustees of the Employees   Retirement System of Texas;                (7) [(8)]  the Texas Transportation Commission;                (8) [(9)]  the Texas Department of Insurance;                (9) [(10)]  the Parks and Wildlife Commission;                (10) [(11)]  the Public Safety Commission;                (11) [(12)]  the Texas Ethics Commission;                (12) [(13)]  the State Securities Board;                (13) [(14)]  the Texas Water Development Board;                (14) [(15)]  the governing board of a public senior   college or university as defined by Section 61.003, Education Code,   or of The University of Texas Southwestern Medical Center, The   University of Texas Medical Branch at Galveston, The University of   Texas Health Science Center at Houston, The University of Texas   Health Science Center at San Antonio, The University of Texas M. D.   Anderson Cancer Center, The University of Texas Health Science   Center at Tyler, University of North Texas Health Science Center at   Fort Worth, Texas Tech University Health Sciences Center, Texas   State Technical College--Harlingen, Texas State Technical   College--Marshall, Texas State Technical College--Sweetwater, or   Texas State Technical College--Waco;                (15) [(16)]  the Texas Higher Education Coordinating   Board;                (16) [(17)]  the Texas Workforce Commission;                (17) [(18)]  the board of trustees of the Teacher   Retirement System of Texas;                (18) [(19)]  the Credit Union Commission;                (19) [(20)]  the School Land Board;                (20) [(21)]  the board of the Texas Department of   Housing and Community Affairs;                (21) [(22)]  the Texas Racing Commission;                (22) [(23)]  the State Board of Dental Examiners;                (23) [(24)]  the Texas Medical Board;                (24) [(25)]  the Board of Pardons and Paroles;                (25) [(26)]  the Texas State Board of Pharmacy;                (26) [(27)]  the Department of Information Resources   governing board;                (27) [(28)]  the Motor Vehicle Board;                (28) [(29)]  the Texas Real Estate Commission;                (29) [(30)]  the board of directors of the State Bar of   Texas;                (30) [(31)]  the Bond Review Board;                (31) [(32)]  the Health and Human Services Commission;                (32) [(33)]  the Texas Funeral Service Commission;                (33) [(34)]  the board of directors of a river   authority created under the Texas Constitution or a statute of this   state;                (34) [(35)]  the Texas Lottery Commission; or                (35) [(36)]  the Cancer Prevention and Research   Institute of Texas.          SECTION 7.  Section 614.021(a), Government Code, is amended   to read as follows:          (a)  Except as provided by Subsection (b), this subchapter   applies only to a complaint against:                (1)  a law enforcement officer of the State of Texas,   including an officer of the Department of Public Safety [or of the   Texas Alcoholic Beverage Commission];                (2)  a fire fighter who is employed by this state or a   political subdivision of this state;                (3)  a peace officer under Article 2.12, Code of   Criminal Procedure, or other law who is appointed or employed by a   political subdivision of this state; or                (4)  a detention officer or county jailer who is   appointed or employed by a political subdivision of this state.          SECTION 8.  Section 614.171(1), Government Code, is amended   to read as follows:                (1)  "Law enforcement agency" means the Department of   Public Safety, [Texas Alcoholic Beverage Commission,] Texas   Department of Criminal Justice, and Parks and Wildlife Department.          SECTION 9.  Section 659.301(5), Government Code, is amended   to read as follows:                (5)  "State employee" means an individual who:                      (A)  is a commissioned law enforcement officer of   the Department of Public Safety, the Texas Facilities Commission,   [the Texas Alcoholic Beverage Commission,] the Texas Department of   Criminal Justice, the attorney general, or the insurance fraud unit   of the Texas Department of Insurance;                      (B)  is a commissioned security officer of the   comptroller;                      (C)  is a law enforcement officer commissioned by   the Parks and Wildlife Commission;                      (D)  is a commissioned peace officer of an   institution of higher education;                      (E)  is an employee or official of the Board of   Pardons and Paroles or the parole division of the Texas Department   of Criminal Justice if the employee or official has routine direct   contact with inmates of any penal or correctional institution or   with administratively released prisoners subject to the board's   jurisdiction;                      (F)  has been certified to the Employees   Retirement System of Texas under Section 815.505 as having begun   employment as a law enforcement officer or custodial officer,   unless the individual has been certified to the system as having   ceased employment as a law enforcement officer or custodial   officer;                      (G)  before May 29, 1987, received hazardous duty   pay based on the terms of any state law if the individual holds a   position designated under that law as eligible for the pay; or                      (H)  is a security officer employed by the Texas   Military Department.          SECTION 10.  Section 661.918(a), Government Code, is amended   to read as follows:          (a)  This section applies to a peace officer under Article   2.12, Code of Criminal Procedure, who is commissioned as a law   enforcement officer or agent, including a ranger, by:                (1)  the Public Safety Commission and the director of   the Department of Public Safety;                (2)  the Parks and Wildlife Commission;                (3)  [the Texas Alcoholic Beverage Commission;                [(4)]  the attorney general; or                (4) [(5)]  the insurance fraud unit of the Texas   Department of Insurance.          SECTION 11.  Section 811.001(9), Government Code, is amended   to read as follows:                (9)  "Law enforcement officer" means a member of the   retirement system who:                      (A)  has been commissioned as a law enforcement   officer by the Department of Public Safety, [the Texas Alcoholic   Beverage Commission,] the Parks and Wildlife Department, or the   office of inspector general at the Texas Juvenile Justice   Department; and                      (B)  is recognized as a commissioned law   enforcement officer by the Texas Commission on Law Enforcement.          SECTION 12.  Section 814.104(b), Government Code, is amended   to read as follows:          (b)  A member who is at least 55 years old and who has at   least 10 years of service credit as a commissioned peace officer   engaged in criminal law enforcement activities of the Department of   Public Safety, [the Texas Alcoholic Beverage Commission,] the Parks   and Wildlife Department, or the office of inspector general at the   Texas Juvenile Justice Department, or as a custodial officer, is   eligible to retire and receive a service retirement annuity.          SECTION 13.  Section 815.505, Government Code, is amended to   read as follows:          Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND   CUSTODIAL OFFICERS.  Not later than the 12th day of the month   following the month in which a person begins or ceases employment as   a law enforcement officer or custodial officer, the Public Safety   Commission, [the Texas Alcoholic Beverage Commission,] the Parks   and Wildlife Commission, the office of inspector general at the   Texas Juvenile Justice Department, the Board of Pardons and   Paroles, or the Texas Board of Criminal Justice, as applicable,   shall certify to the retirement system, in the manner prescribed by   the system, the name of the employee and such other information as   the system determines is necessary for the crediting of service and   financing of benefits under this subtitle.          SECTION 14.  Section 362.005(c), Local Government Code, is   amended to read as follows:          (c)  Each law enforcement agency in a county located along   the Texas-Mexico border or in a county that contains a federal   checkpoint shall report to the Texas Transnational Intelligence   Center intelligence regarding criminal activity in the law   enforcement agency's jurisdiction, including details on   kidnappings, home invasions, and incidents of impersonation of law   enforcement officers.  The [Texas Alcoholic Beverage Commission   and] Parks and Wildlife Department shall report to the center   intelligence regarding transnational criminal activity in the   agency's jurisdiction.          SECTION 15.  Section 1701.356(a), Occupations Code, is   amended to read as follows:          (a)  An officer is not subject to Section 1701.351 or   1701.352 if the officer is:                (1)  an honorably retired commissioned officer of the   Department of Public Safety who is:                      (A)  a special ranger under Section 411.023,   Government Code; or                      (B)  a special Texas Ranger under Section 411.024,   Government Code; or                (2)  an honorably retired commissioned officer of the   Parks and Wildlife Department who is a special game warden under   Section 11.0201, Parks and Wildlife Code[; or                [(3)  an honorably retired commissioned officer of the   Texas Alcoholic Beverage Commission who is a special inspector or   representative under Section 5.142, Alcoholic Beverage Code].          SECTION 16.  The following provisions are repealed:                (1)  Subchapter A, Chapter 5, Alcoholic Beverage Code;   and                (2)  Section 411.091, Government Code.          SECTION 17.  (a)  The Texas Alcoholic Beverage Commission is   abolished but continues in existence until September 1, 2022, for   the sole purpose of transferring obligations, property, rights,   powers, and duties to the Texas Department of Licensing and   Regulation. The Texas Department of Licensing and Regulation   assumes all of the obligations, property, rights, powers, and   duties of the Texas Alcoholic Beverage Commission as they exist   immediately before the effective date of this Act. All unexpended   funds appropriated to the Texas Alcoholic Beverage Commission are   transferred to the Texas Department of Licensing and Regulation.          (b)  The Texas Alcoholic Beverage Commission and the Texas   Department of Licensing and Regulation shall, in consultation with   appropriate state entities, ensure that the transfer of the   obligations, property, rights, powers, and duties of the Texas   Alcoholic Beverage Commission to the Texas Department of Licensing   and Regulation is completed not later than September 1, 2022.          (c)  All rules of the Texas Alcoholic Beverage Commission are   continued in effect as rules of the Texas Department of Licensing   and Regulation until superseded by a rule of the Texas Department of   Licensing and Regulation. A license or permit issued by the Texas   Alcoholic Beverage Commission is continued in effect as provided by   the law in effect immediately before the effective date of this Act.   An application for a license or permit pending on the effective   date of this Act is continued without change in status after the   effective date of this Act. A complaint, investigation, contested   case, or other proceeding pending on the effective date of this Act   is continued without change in status after the effective date of   this Act.          (d)  Unless the context indicates otherwise, a reference to   the Texas Alcoholic Beverage Commission in a law or administrative   rule means the Texas Department of Licensing and Regulation.          SECTION 18.  (a)  A violation of a law that is repealed by   this Act is governed by the law in effect when the violation was   committed, and the former law is continued in effect for that   purpose.          (b)  For purposes of this section, a violation was committed   before the effective date of this Act if any element of the   violation occurred before that date.          SECTION 19.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2021.