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Relating to authorizing
children of Texas Alcoholic Beverage Commission employees to be employed by
holders of licenses or permits issued by the commission.
No fiscal implication to the State is anticipated.
SB 1228 would allow the child of an employee working for the
Texas Alcoholic Beverage Commission (TABC) to be employed by a business that
holds a license or permit issued by TABC.
Section 5.05 of the Alcoholic Beverage Code prohibits the TABC from hiring people, who may have a financial interest in the alcoholic beverage business. Specifically, section 5.05(a) says a person may not be employed by the commission who “has a financial connection with a person engaged in an alcoholic beverage business.” This could be interpreted to mean that a person may not be employed at TABC if their child works at an institution licensed or permitted by TABC. It could also be interpreted to mean that a TABC employee could not keep their position if their child took a job at a TABC licensed or permitted business.
Guarding against conflicts of interest in government is important, however outside of actual nepotism a person should not be barred from holding a position based solely on the place of employment of a family member.
We support SB 1228 because it improves the individual liberty for the children of employees at TABC by allowing them to work for businesses that sell, purchase, or distribute alcohol.