Sec. 5.45. PROOF OF DOCUMENT. (a) In a suit by the state or the commission or in which either is a party, a transcript from the papers, books, records, or proceedings of the commission purporting to contain a true statement of accounts between the commission or the state and any person, or a copy of a rule, order, audit, bond, contract, or other instrument relating to a transaction between the commission and a person, when certified by the administrator or chairman of the commission to be a true copy of the original on file with the commission and authenticated under the seal of the commission, is admissible as prima facie evidence of the existence and validity of the original document and entitled to the same credibility as the original document. If a suit is brought on a bond or other written instrument, and the person alleged to have executed the instrument denies by a sworn pleading to have executed the instrument, the court shall require the production and proof of the instrument.
(b) A member of the commission or the administrator may execute a certificate under the seal of the commission setting forth the terms of an order, rule, bond, or other instrument referred to in this section. In the case of an order or rule, the certificate may state that the order or rule was adopted, promulgated, and published and filed with the commission and was in force at any date or during any period of time. In the case of a bond or other instrument, the certificate may state that it was executed and filed with the commission and was in force at any date or during any period of time. The certificate is prima facie evidence of the facts stated in it and is admissible as evidence in any action, civil or criminal, involving the facts contained in the certificate without further proof of those facts.
Acts 1977, 65th Leg., p. 402, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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