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TABC Code - Texas Alcoholic Beverage Commission

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(b) The private records of a permittee, licensee, or other person that are required or obtained<br />

by the commission or its agents, in connection with an investigation or otherwise, are privileged unless<br />

introduced in evidence in a hearing before the commission or before a court in this state or the United<br />

States.<br />

Sec. 5.49. PRINTED COPIES OF CODE AND RULES. The commission from time to time<br />

may have as many copies of this code and any commission rule governing the collection or refund of the<br />

gross receipts tax printed in pamphlet form for distribution as it finds necessary.<br />

Sec. 5.50. ESTABLISHMENT OF CERTAIN FEES. (a) The commission by rule may<br />

establish reasonable fees for tasks and services performed by the commission in carrying out the<br />

provisions of this code, including fees incidental to the issuance of licenses and permits under Title 3 of<br />

this code.<br />

(b) The commission may not increase or decrease a fee set by this code, but if a statute is<br />

enacted creating a certificate, permit, or license and there is no fee established, the commission by rule<br />

may set a fee. The commission by rule shall assess surcharges on all applicants for an original or renewal<br />

certificate, permit, or license issued by the commission in addition to any fee set by this code and collect<br />

the surcharges at the time of application. In assessing a surcharge, the commission may not overly<br />

penalize any segment of the alcoholic beverage industry or impose an undue hardship on small<br />

businesses.<br />

(c) Insofar as they relate to the levying and collection of a local fee, Sections 11.38 and<br />

61.36 of this code do not apply to fees set by rule of the commission.<br />

(d) Revenues and surcharges from fees collected by the commission under this section shall<br />

be deposited in the general revenue fund.<br />

Sec. 5.51. BOOKKEEPING RECORDS. A permittee who holds a permit issued under Chapters<br />

28 through 33 of this code may elect to keep all records required under this code on a machine<br />

bookkeeping system. A permittee who desires to use such a system must submit a written application for<br />

commission approval of the system before implementing the system. The commission may authorize a<br />

permittee to centralize the permittee's records.<br />

Sec. 5.52. PROGRAM ACCESSIBILITY PLAN. The commission shall prepare and maintain a<br />

written plan that describes how a person who does not speak English or who has a physical, mental, or<br />

developmental disability may be provided reasonable access to the commission's programs.<br />

Sec. 5.53. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a) The<br />

commission shall adopt rules that clearly define the agency's complaint process from the time the<br />

complaint is received until it is resolved.<br />

(b) The commission shall make information describing its procedures for complaint<br />

investigation and resolution available to the public and appropriate state agencies, including by posting<br />

the information on the commission's Internet website.<br />

(c) The commission, by rule, shall adopt a standardized form for filing complaints against a<br />

licensed or permitted entity. The commission shall make the complaint form available to the public,<br />

including by posting the complaint form on the commission's Internet website.<br />

(d) The commission by rule shall establish methods by which consumers and service<br />

recipients are notified of the name, mailing address, and telephone number of the commission for the<br />

purpose of directing a complaint to the commission. The commission may require that the notification be<br />

provided on a sign prominently displayed in the place of business of each individual or entity regulated<br />

under this code.<br />

Sec. 5.54. RESOLUTION OF COMPLAINTS. (a) The commission shall maintain a system<br />

to promptly and efficiently act on complaints filed with the commission. The commission shall assign<br />

priorities to complaint investigations based on risk so that the commission handles the most serious<br />

complaints first.<br />

(a-1) The commission shall maintain information about parties to the complaint, the subject<br />

matter of the complaint, a summary of the results of the review or investigation of the complaint, and its<br />

disposition.<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 14

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