Sec. 5.37. COLLECTION OF TAXES AT SOURCE. (a) If the federal government provides a method of collecting liquor taxes at the source, the commission may enter contracts and comply with regulations, even to the extent of abrogating provisions of this code which are inconsistent with federal law or regulations, in order to receive the portion of the taxes allocated to the state. The taxes received shall be distributed as provided in this code.
(b) The commission may acquire by gift, grant, or purchase, port of entry or other facilities for the administration of the Alcoholic Beverage Code, including the collection of taxes and confiscation of unlawful containers and illicit beverages. The commission may enter into agreements with agencies of the United States or other persons, if in the judgment of the commission, it will benefit the state to place facilities under its control through lease or sale from the United States or other persons. The commission may expend funds for the purpose of rehabilitating, renewing, restoring, extending, enlarging, improving, or performing routine maintenance on facilities under its control.
(c) For the purpose of complying with Chapter 455, Acts of the 59th Legislature, Regular Session, 1965, as amended (Article 678f, Vernon's Texas Civil Statutes), the commission is considered to be a public authority and unless the commission requests facilities to be obtained in accordance with Chapter 258, Acts of the 48th Legislature, Regular Session, 1943, as amended (Article 666b, Vernon's Texas Civil Statutes), the provisions of that Act do not apply to the acquisition of facilities under this Act.
(d) The commission is authorized to receive in the form of a gift, grant, or donation, any funds consistent with the purposes and goals of the commission and the designation of the grantor. However, no gift, grant, or donation may be offered or accepted from any party to any contested case before the agency, or from any party licensed or regulated by the commission.
Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 612, ch. 287, Sec. 1, eff. May 24, 1979; Acts 1995, 74th Leg., ch. 1060, Sec. 1, eff. Aug. 28, 1995.
Structure Texas Statutes
Title 2 - Administration of Code
Chapter 5 - Alcoholic Beverage Commission
Subchapter B. Powers and Duties
Section 5.31. General Powers and Duties
Section 5.32. May Require Reports
Section 5.321. Electronic Signatures
Section 5.33. Regulate Licensees and Permittees
Section 5.331. Public Disturbance Reports
Section 5.34. Delegation of Authority
Section 5.35. Issuance of Permits and Licenses
Section 5.36. Investigation of Violations
Section 5.361. Enforcement; Inspections
Section 5.362. Schedule of Sanctions
Section 5.363. Disciplinary Authority of Administrator and Commission
Section 5.364. Receipt and Use of Market Data
Section 5.37. Collection of Taxes at Source
Section 5.371. Proceeds From Contraband
Section 5.38. Quality and Purity of Beverages
Section 5.39. Regulation of Liquor Containers
Section 5.40. Regulation of Malt Beverage Container Deposits
Section 5.41. Alcohol Used for Scientific Purposes, Etc
Section 5.42. Penalty for Violation of Rule
Section 5.43. Who May Hold Hearing; Rules of Evidence
Section 5.44. Subpoena of Witnesses; Witness Fees; Contempt
Section 5.441. Fees and Expenses Paid Members or Employees of Commission
Section 5.45. Proof of Document
Section 5.47. Records of Violations
Section 5.49. Printed Copies of Code and Rules
Section 5.50. Establishment of Certain Fees
Section 5.51. Bookkeeping Records
Section 5.52. Program Accessibility Plan
Section 5.53. Public Interest Information and Complaints
Section 5.54. Resolution of Complaints
Section 5.55. Electronic Processing of Licenses, Permits, and Certificates
Section 5.56. Funding of Texas Wine Marketing Assistance Program
Section 5.57. Marketing Practices Regulatory Decisions
Section 5.58. Internal Affairs
Section 5.581. Disclosure of Personnel Records of Commissioned Peace Officers
Section 5.59. Use of Technology
Section 5.60. Alternative Rulemaking and Dispute Resolution Procedures