SB 1228

84(R) - 2015
Senate Business & Commerce
Senate Business & Commerce
Alcoholic Beverage Code
Business, Industry, & Commerce

Vote Recommendation

Vote Yes; Amend
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Positive


Kel Seliger

Bill Caption

Relating to authorizing children of Texas Alcoholic Beverage Commission employees to be employed by holders of licenses or permits issued by the commission.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

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. 

Vote Recommendation Notes

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.

This legislation could be strengthened by adopting an amendment to require any TABC employee whose child works for a business that is licensed or permitted by TABC to disclose that information to his or her superiors.