Texas Alcoholic Beverage Commission

See online finding aid for agency history.

The passage of the Twenty-first Amendment to the United States Constitution in 1933 repealed prohibition and the Eighteenth Amendment and made it necessary for states to enact laws to regulate alcoholic beverages. The Texas Liquor Control Act (House Bill 77, 44th Texas Legislature, Second Called Session) created the Texas Liquor Control Board in 1935. The Board assumed its present name of the Texas Alcoholic Beverage Commission effective January 1, 1970 (House Bill 379, 61st Legislature, Regular Session, 1969). The Liquor Control Act was codified into the Texas Alcoholic Beverage Code by House Bill 815, 65th Legislature, Regular Session, in 1977. The commission is charged with the administration and enforcement of the Code which establishes guidelines for the activities of all persons engaged in any phase of the alcoholic beverage business. The commission inspects, supervises, and regulates the business of manufacturing, importing, exporting, transporting, storing, selling, advertising, labeling, and distributing alcoholic beverages. As of 2001, a statutory fee is assessed for 61 different types of licenses and permits. Fees associated with the sale of wine and distilled spirits are paid directly to the commission, while fees assessed to beer retailers, distributors or manufacturers located in the state are paid to the county tax assessor of the county in which the applicant's business is located. The county is allowed a five percent commission on total fees and the balance is remitted to the commission and deposited in the state's General Revenue Fund.

The policy-making body of the agency is a three-member commission, appointed by the governor with concurrence of the senate for overlapping six-year terms. The agency head administrator is appointed by the commission. As of 2001, the agency consists of a headquarters office in Austin, 17 district offices, numerous local offices, and 26 tax collection stations at ports of entry along the Texas-Mexico border.

Administration of the Texas Bingo Act was transferred from the Comptroller of Public Accounts

to the Alcoholic Beverage Commission effective January 1, 1990. Under this act, the commission was charged with licensing and supervising those who are authorized to conduct bingo games or who manufacture or sell bingo equipment. This responsibility was transferred to the Texas Lottery Commission in April 1994.

(Sources include: Guide to Texas State Agencies, 11th edition (2001); the agency web site (http://www.tabc.state.tx.us/) ; the article on Texas Alcoholic Beverage Commission by Richard Allen Burns, in The Handbook of Texas Online, both accessed May 2009; the Texas Alcoholic Beverage Code; and the enabling legislation, 1935, 1969, and 1977.)