Sec. 5.31. GENERAL POWERS AND DUTIES. (a) The commission may exercise all powers, duties, and functions conferred by this code, and all powers incidental, necessary, or convenient to the administration of this code. It shall inspect, supervise, and regulate every phase of the business of manufacturing, importing, exporting, transporting, storing, selling, advertising, labeling, and distributing alcoholic beverages, and the possession of alcoholic beverages for the purpose of sale or otherwise. It may prescribe and publish rules necessary to carry out the provisions of this code.
(b) The commission shall:
(1) protect the public safety by deterring and detecting violations of this code;
(2) promote legal and responsible alcohol consumption;
(3) ensure fair competition within the alcoholic beverage industry;
(4) ensure consistent, predictable, and timely enforcement of this code;
(5) ensure a consistent, predictable, and timely licensing and permitting process;
(6) promote and foster voluntary compliance with this code; and
(7) communicate the requirements of this code clearly and consistently.
Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 9, eff. September 1, 2007.
Notes of Decisions
Estrada v. State (Tex. App. 2009).
“” Tex. Alco. Bev.Code Ann. § 5.31(a) (Vernon Supp.”
Spec's Fam. Partners, Ltd. v. Exec. Dir. (5th Cir. 2020).
“See TEX. ALCO. BEV. CODE § 5.31. 3 TABC 2 Spec’s’ allegations are not entirely clear about which individual Defendants were involved with each of the actions.”
Houston Ass'n of Alcoholic Beverage Permit Holders v. City of Houston (S.D. Tex. 2007).
“Tex. Alco. Bev.Code § 5.31 10. Except as is expressly authorized by this code, a regulation, charter, or ordinance promulgated by a governmental entity of this state may not impose stricter standards on premises or businesses required to have a license or permit under this code…”
Combs v. Texas Ent. Ass'n, Inc. (Tex. App. 2009).
“We note also that chapter 183 of the tax code, which imposes a tax on gross receipts derived from the sale of "mixed beverages," includes a "conflict of rules" provision to govern conflicts between regulations issued by TABC and those issued by the Comptroller in the collection…”
Allen Frick v. Jonathan Jergins (Tex. App. 2022).
“See TEX.ALCO.BEV.CODE ANN. § 5.31 (a), (b) (TABC “shall inspect, supervise, and regulate every phase of the business of .”
Untitled Texas Attorney Gen. Opinion: KP-0455 (Tex. Att'y Gen. 2024).
“” TEX. ALCO. BEV. CODE § 5.31(a). The TABC is authorized to “prescribe and publish rules necessary to carry out the provisions” of the Code and may generally “exercise .”
C.B. v. D.S. (Tex. App. 2009).
“” Tex. Alco. Bev. Code Ann. § 5.31 (West 2007).”
— Tex. Alco. Bev. Code § 5.31(a) — 2 cases
Estrada v. State (Tex. App. 2009).
“” Tex. Alco. Bev.Code Ann. § 5.31(a) (Vernon Supp.”
Untitled Texas Attorney Gen. Opinion: KP-0455 (Tex. Att'y Gen. 2024).
“” TEX. ALCO. BEV. CODE § 5.31(a). The TABC is authorized to “prescribe and publish rules necessary to carry out the provisions” of the Code and may generally “exercise .”
— Tex. Alco. Bev. Code § 5.31(b) — 1 case
— Tex. Alco. Bev. Code § 5.31(b)(1) — 1 case
— Tex. Alco. Bev. Code § 5.31(b)(2) — 1 case
— Tex. Alco. Bev. Code § 5.31(b)(3) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.