TABC Code - Texas Alcoholic Beverage Commission

power or duty which has not been specifically delegated to the administrator by the commission's order is
retained by the commission, and an order, decision, or judgment rendered and entered by the commission
in a matter in which the commission has retained authority is not subject to change, review, or revision by
the administrator.
NOTE: Not later than March 1, 2008, the Texas Alcoholic Beverage Commission shall adopt the rules
and policies necessary to implement Sections 5.57, 5.58, 5.59, and 5.60, Alcoholic Beverage Code, as
added by this Act, and Section 5.12, Alcoholic Beverage Code, as amended by this Act. (Acts of the 80 th
Legislature, Regular Session, 2007)
Sec. 5.13. ASSISTANT ADMINISTRATOR. The administrator shall appoint an assistant
administrator. The assistant administrator must meet the same qualifications as the administrator. The
assistant administrator shall take the constitutional oath of office. In the absence of the administrator, or in
case of his inability to act, the assistant administrator shall perform the duties conferred on the
administrator by law or delegated to the administrator by the commission. If there is a vacancy in the
office of administrator, the assistant administrator shall perform the duties of the administrator until an
administrator has been appointed by the commission. At other times he shall perform those duties and
have those functions, powers, and authority as may be delegated to him by the administrator.
Sec. 5.14. INSPECTORS AND REPRESENTATIVES. The commission or administrator may
commission as many inspectors and representatives as are necessary to enforce this code and other laws
administered by the commission. Each inspector and representative shall take the constitutional oath of
office, which shall be filed in the office of the commission. Each commissioned inspector and
representative has all the powers of a peace officer coextensive with the boundaries of the state.
Sec. 5.141. PURCHASE OF FIREARM FROM COMMISSION BY INSPECTOR OR
REPRESENTATIVE. (a) A commissioned inspector or representative of the commission may purchase
for an amount set by the commission, not to exceed fair market value, a firearm issued to the inspector or
representative by the commission if the firearm is not listed as a prohibited weapon under Section 46.05,
Penal Code, and if the firearm is retired by the commission for replacement purposes.
(b The commission may adopt rules for the sale of a retired firearm to an inspector or
representative of the commission.
Sec. 5.142. SPECIAL INSPECTORS OR REPRESENTATIVES. (a) The commission or
administrator may appoint as a special inspector or representative an honorably retired commissioned
inspector or representative.
(b) A special inspector or representative is subject to the orders of the commission and is
subject to the orders of the governor for special duty to the same extent as other law enforcement officers.
(d) A special inspector or representative is not entitled to compensation from the state for
service as a special inspector or representative.
(e) A special inspector or representative commission expires January 1 of the first oddnumbered
year after appointment. The commission may revoke a special inspector or representative
commission at any time for cause.
Sec. 5.15. ASSISTANT ATTORNEYS GENERAL. The attorney general shall appoint as many
as six assistant attorneys general, as the commission determines necessary, to enable the commission to
more efficiently enforce this code. The attorney general and the assistant attorneys general shall prosecute
all suits requested by the commission and defend all suits against the commission. The commission shall
provide the assistant attorneys general with necessary stenographers and office space. The assistant
attorneys general shall be paid by the commission out of funds appropriated to it for the administration of
this code. Their compensation shall be on the same basis as assistant attorneys general devoting their time
to general state business.
Sec. 5.16. REPRESENTATION IN APPEAL TO COMMISSION. No member of the
legislature or other person may appear for compensation in a representational capacity in an appeal to the
commission unless he first files an affidavit supplied by the commission and makes a full disclosure of
Texas Alcoholic Beverage Code (2009) 8