Report to the 86th Legislature: Sunset Advisory Commission Page: 13
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Sunset Advisory Comfnission
- Require TABC to physically inspect every regulated location in the state within a reasonable
period of time set by rule
" Authorize TABC to consider profits earned from violating the law when setting a disciplinary
penalty, but only for repeat violations by a licensee.
" Authorize TABC to temporarily suspend licenses and permits if it finds a continuing threat to the
public welfare.
" Make noncompliance with a commission order a statutory violation and authorize TABC to take
disciplinary action or deny license or permit renewal for noncompliance.
* Remove the nonstandard requirement allowing the public to testify at TABC disciplinary hearings.
* Require the commission to take final enforcement and disciplinary action on all contested cases
as well as agreed orders. that meet a threshold established by rule. Authorize the commission to
delegate to staff the authority to enter into final orders for agreed orders not meeting the threshold.
As a management action, direct TABC staff to report information about disciplinary actions to the
commission at each regular commission meeting. These reports should include information such as
a summary of any significant cases settled or dismissed by staff, trend data regarding case resolution
and assessed penalties, and a summary of pending enforcement actions being pursued by agency staff.
* Direct TABC to complete its schedule of sanctions to account for all regulatory violations. (Management
action - nonstatutory)
Ports of Entry
* Retain TABC's Ports of Entry Program, but direct TABC to issue a report to the Legislature by
March 1,2019 with recommendations to make the program cost-neutral. The report should address
the pros and cons of various options, including but not limited to
- operating additional ports of entry locations,
- expanding operating hours,
- increasing the administrative fee or the tax, and
- increasing the statutory limits on the amount of alcohol that can be imported for personal use.
(Management action - nonstatutory)
Alcoholic Beverage Code Modernization
* Require the Sunset Commission staff and the Texas Legislative Council (TLC), with assistance
from TABC, to analyze and make recommendations for a modernization and a non-substantive
revision of the Texas Alcoholic Beverage Code. Sunset staff and TLC would not consider changes
to the overall three-tier regulatory system, but would evaluate
- inconsistencies in authorities and treatment of different alcoholic beverages and regulated
businesses;
- use of the terms "license" for beer and "permit" for all other alcoholic beverages;Texas Alcoholic Beverage Commission
Report to the 86th Legislature13
February 2019
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Texas. Sunset Advisory Commission. Report to the 86th Legislature: Sunset Advisory Commission, report, February 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1364727/m1/25/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.