| (a) This rule implements §5.12 of the Alcoholic
Beverage Code (Code), which requires the Texas Alcoholic Beverage
Commission (commission) to adopt rules to clearly separate the policy-making
authority of the commissioners from the management responsibilities
of the executive director, and §5.34(b) of the Code, which requires
the commission to develop and implement policies that clearly define
the respective responsibilities of the commission and staff.
(b) The commission retains the duty and authority to:
(1) Establish agency policies and goals to carry out
the duties and authority granted to the commission under the Code;
(2) Provide leadership and direction to ensure agency
laws, rules, policies and goals are implemented in a responsible,
effective and cost efficient manner;
(3) Ensure accountability and transparency within the
agency and to the Governor, the Legislature, the public, and persons
regulated;
(4) Appoint and remove the executive director;
(5) Adopt agency rules to implement statutory duties
and agency policies;
(6) Employ or appoint and terminate or remove an internal
auditor, adopt an audit plan, approve audit findings and ensure agency
compliance with audit requirements;
(7) Exercise any authority and carry out any duty of
the commission not delegated to the executive director;
(8) Render the final decision in any contested disciplinary
action that has had an administrative hearing;
(9) Approve or decline the settlement of any disciplinary
action that carries a civil penalty of ten million dollars ($10,000,000)
or more; and
(10) Approve or decline the settlement of any disciplinary
action that the executive director recommends and that is accepted
for consideration by:
(A) the presiding officer of the commission; or
(B) at least two commission members.
(c) The commission delegates the following duties and
authority to the executive director (under Alcoholic Beverage Code §5.11(b),
also referred to as the administrator in the Alcoholic Beverage Code
and the commission's rules):
(1) Plan and implement an effective an efficient operational
and organizational structure;
(2) Act as the agency liaison and resource to the executive
and legislative branch;
(3) Prepare and submit the agency budget and appropriations
requests;
(4) Employ and terminate the general counsel, who shall
report directly to the executive director;
(5) Employ or appoint an executive management team
with the skills, knowledge and commitment necessary to achieve the
goals and implement the policies adopted by the commission;
(6) Assign and delegate to each member of the executive
management team and the general counsel the responsibility and authority
necessary to effectively administer all agency operations, duties
and functions, implement policy, and manage staff and resources, including
the authority to further delegate and assign the essential duties
and responsibilities of the agency to ensure the highest and best
use of agency staff and resources;
(7) Develop, monitor and report measures or expectations
for the administrative, regulatory and enforcement functions of the
agency to ensure that the agency goals are accomplished and policies
followed;
(8) Develop and implement comprehensive and agency-wide
internal policies and procedures necessary to carry out each essential
function, duty, policy or goal of the agency;
(9) Ensure that all agency staff has access to, knowledge
of and responsibility for consistently following policies adopted
by the commission and agency-wide internal policies and procedures;
(10) Administer the oath of office or commission to
agency staff and agents;
(11) Render, or delegate to agency staff, the agency
decision or order in any matter over which the agency has final decision-making
authority unless otherwise retained by the commission in subsection
(b) of this section; and
(12) Execute contracts, specifically including but
not limited to approving and signing contracts for the purchase of
goods or services that have a value exceeding $1 million. Notwithstanding
paragraph (5) of this subsection, the authority to approve and sign
contracts for the purchase of goods or services that have a value
exceeding $1 million shall not be delegated by the executive director
to staff.
(13) Nothing in this section shall be construed to
limit the general counsel's duty to advise the commissioners directly
as their legal counsel, with all duties to the client, legal privileges,
and ethical requirements generally applicable to the attorney-client
relationship.
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| Source Note: The provisions of this §31.1 adopted to be effective August 30, 2009, 34 TexReg 5910; amended to be effective November 15, 2012, 37 TexReg 8972; amended to be effective December 8, 2015, 40 TexReg 8754; amended to be effective June 9, 2020, 45 TexReg 3768 |
