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THE FIRST AGENDA ITEM IS THE CALL TO ORDER.
[1. Opening Items]
THE TIME IS 1030 ON TUESDAY, SEPTEMBER 27TH, 2022.WE HAVE A QUORUM AND THE ASTROS HAVE WON THE WESTERN DIVISION.
I'M SORRY, I HAD JUST PUT THAT IN.
I'M NOT WEARING AN ORANGE TIE, THOUGH.
GOOD MORNING, EVERYBODY. I'M KEVIN LILLY, CHAIRMAN OF THE ABC.
AND I JUST WANT TO WELCOME EVERYONE HERE ON THIS BEAUTIFUL FALL DAY.
I THINK WE'RE ALL RELIEVED IT'S NOT 105 DEGREES OUTSIDE.
YOU KNOW, THIS IS AN IMPORTANT TIME AS WE PREPARE FOR THE 88TH LEGISLATURE TO BEGIN IN JANUARY.
AND AS SOMEBODY WHO'S PRESIDED OVER A FEW OF THESE LEGISLATIVE SESSIONS, I KNOW THAT IT'S SIX MONTHS OF INTENSITY, BUT REALLY MUCH OF THE INTENSITY BEGINS AND HAS BEGUN NOW AND PREVIOUSLY TO PREPARE FOR THE SESSION.
AND OUR STAFF ARE WORKING VERY DILIGENTLY, PREPARING OUR BUDGET, ETC..
TODAY WE'RE GOING TO HEAR A REPORT ON OUR SPENDING PLAN AND EXCEPTIONAL ITEMS REQUESTS, WHICH FOR THOSE OF YOU WHO DON'T KNOW, THOSE ARE ADDITIONAL ITEMS THAT WE'RE GOING TO ASK THE LEGISLATURE TO FUND THIS SESSION.
COUPLE THE HIGHLIGHTS ARE GOING TO BE SOMETHING THAT EVERYONE IN THE LAW ENFORCEMENT COMMUNITY IS DEALING WITH RIGHT NOW, AND THAT'S RECRUITMENT AND RETENTION, NOT ONLY RECRUITING TALENTED YOUNG MEN AND WOMEN, BUT ALSO RETAINING THEM WITHIN THE FORCE.
SO WE'RE GOING TO TALK TODAY ABOUT OUR EFFORTS TO IMPROVE THAT.
WE'RE GOING TO HEAR FROM THE ENFORCEMENT DIVISION ON ONGOING INITIATIVES.
AND EXCITINGLY, WE'RE GOING TO HONOR OUR EMPLOYEES AS PART OF OUR ANNUAL SERVICE AWARDS SO THEY RECOGNIZE SOME OF OUR LONGEST SERVING MEMBERS AND EMPLOYEES. AND WE ALSO, ALL OF US, SPEAKING ON BEHALF OF MY FELLOW COMMISSIONERS, GIVE A HEARTFELT THANKS TO ALL THE GREAT MEN AND WOMEN WHO MAKE THIS AGENCY SO SPECIAL AND HAVE WORKED SO HARD, ESPECIALLY OVER THE LAST THREE YEARS AND THE CHALLENGES THAT WE AND THE INDUSTRY HAVE FACED.
AND WITH THAT, THAT'S THOSE ARE MY OFFICIAL COMMENTS.
I'D LIKE TO TURN IT OVER TO MY FELLOW COMMISSIONERS FOR ANY OPENING COMMENTS THEY MAY HAVE.
LADIES AND GENTLEMEN, MY SECOND, THE CONGRATULATIONS TO THE HOUSTON ASTROS.
SO I CAN'T WAIT TILL WE GET TO THAT AGENDA ITEM.
BUT NOTHING, NOTHING ADDITIONAL.
WE'RE GOING TO WE'LL TRY WHAT STAFF ALWAYS WINS.
ANY OTHER COMMENTS? SAN ANTONIO, EL PASO OR DALLAS? GREAT. THANK YOU ALL SO MUCH.
I'M NOT GOING TO MENTION THE LONGHORN SCORE.
I KNOW AGGIES OUT THERE JUST KIND OF HOLD YOUR TONGUE, PLEASE.
ALL RIGHT. NOW. YEAH, I KNEW IT WAS COMING.
THAT WAS. THAT CAME FROM SOMEWHERE.
ALL RIGHT, LADIES AND GENTLEMEN, IF YOU PLEASE RISE AND JOIN ME IN PLEDGING TO OUR GREAT COUNTRY.
ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
AND. ALL RIGHT. OKAY, HERE WE GO.
I SO MOVE. IS THERE A SECOND? SECOND? YES, SIR.
WE HAVE A SECOND. WE'LL NOW VOTE.
OUR FIRST AGENDA ITEM IS EMPLOYEE SERVICE AWARDS.
[2. Recognitions]
DIRECTOR FLETCHER, IF YOU PLEASE, MA'AM.ALL RIGHT. GOOD MORNING, JIM AND LILY.
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AS YOU ALL KNOW, WE CAN'T ACCOMPLISH OUR MISSION WITHOUT OUR MOST VALUED ASSETS, OUR EMPLOYEES.LILLY. EMPLOYEES ALSO RECEIVE A COIN SPECIFIC TO THEIR SERVICE YEAR MILESTONE.
TODAY, THERE ARE THREE EMPLOYEES WHO'LL BE RECOGNIZED FOR 25 AND 35 YEARS OF SERVICE WITH THE ABC.
SO REUBEN MONTGOMERY IS UNABLE TO ATTEND TODAY, BUT HE MAY BE ATTENDING VIRTUALLY.
RUPERT MONTGOMERY DEDICATED 35 YEARS OF SERVICE TO THE STATE OF TEXAS WITH ABC.
HIS CAREER HAS SPANNED THREE DIVISIONS, BEGINNING AS A CLERK IN ADMINISTRATIVE SERVICES, MOVING TO BUSINESS SERVICES IN 1987 AND TRANSFERRING TO THE COMPUTER SERVICES DIVISION NOW INNOVATION AND TECHNOLOGY.
IN 1989, BEGINNING AS AN ADP EQUIPMENT OPERATOR, REUBEN MOVED UP THE RANKS TO SYSTEM SUPPORT SPECIALIST, NETWORK SPECIALIST AND THEN DATA CENTER OPERATIONS SUPERVISOR.
HIS SCHOOLING MOVED FROM OKLAHOMA TO NEW HAMPSHIRE, COLUMBUS, RAAF, CANBERRA, RAAF LAKENHEATH, ENGLAND, AND HE GRADUATED HIGH SCHOOL IN ONE YEAR.
I PROBABLY BUTCHERED THAT MY NOT OC GARDEN SPOT REUBEN ATTENDING MARY HOLMES JUNIOR COLLEGE IN MISSISSIPPI STATE UNIVERSITY BEFORE BEGINNING HIS FOUR YEAR CAREER IN THE US AIR FORCE, SERVING IN SAN VITO, ITALY, BEFORE RETURNING STATIONED AT BERGSTROM AIR FORCE BASE HERE IN AUSTIN, REUBEN ENJOYS COOKING AND SPENDING QUALITY TIME WITH HIS WIFE TERRI, AND THEIR TWO CATS, CLEO AND MIMOSA.
THANK YOU TO REUBEN FOR HIS SERVICE.
ALL RIGHT. WELL, FOR THE RECORD, RUBEN, IF YOU CAN LISTEN TO THIS ON A RECORDING.
FIRST OF ALL, THANK YOU SO MUCH.
FOR 35 YEARS, AN EXTRAORDINARY CAREER.
LAKENHEATH IS A IS A IS A NEAT PLACE IN ENGLAND.
ALL RIGHT. NEXT, WE'LL RECOGNIZE AN EMPLOYEE FROM THE BUSINESS SERVICES DIVISION.
TIFFANY FORRESTER IS ALSO UNABLE TO ATTEND TODAY, BUT I DON'T KNOW IF SHE'S ATTENDING VIRTUALLY.
IN 2001, TIFFANY TRANSFERRED TO THE HUMAN RESOURCES DIVISION AS AN ADMINISTRATIVE ASSISTANT.
IN 2005, SHE WAS PROMOTED TO EMPLOYMENT SPECIALIST AND LATER THE LEAD HR GENERALIST.
THAT'S WHY SHE'S NOT. THANK YOU, TIFFANY.
FOR A QUARTER OF A CENTURY SERVICE TO YOUR STATE AND TO THIS AGENCY.
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AND WE. THE BUDGET PROCESS IS ESSENTIAL.AND THANK YOU FOR ALL YOUR WORK IN THAT REGARD.
CONGRATULATIONS. THANK YOU FOR YOUR SERVICE, TIFFANY.
I'M HONORED TO PRESENT MARIA GIORDANO, PORT SUPERVISOR IN BROWNSVILLE THIS YEAR.
MARIA MEDRANO HAS DEVOTED 25 YEARS TO THE STATE OF TEXAS AND TO RBC'S PORTS OF ENTRY DIVISION, FORMERLY KNOWN AS THE BORDER IMPORTATION DIVISION, CURRENTLY BEGINNING AS A TAXPAYER COMPLIANCE OFFICER AT THE PROGRESSIVE PORTS OF ENTRY.
SHE WAS PROMOTED TO PORT SUPERVISOR IN EAGLE PASS IN 2000 TO.
THEN ACCEPTED A TRANSFER BACK TO BROWNSVILLE.
SHE CURRENTLY SERVES AS PORT SUPERVISOR IN BROWNSVILLE.
MARIA WAS BORN AND RAISED IN BROWNSVILLE, WHERE SHE GRADUATED FROM HANNA HIGH SCHOOL.
SHE ATTENDED COLLEGE AT TEXAS SOUTH MOST COLLEGE AND NEW ORLEANS COMMUNITY COLLEGE.
SHE MARRIED CHIEF JUAN MEDRANO.
US NAVY AND BEGAN A NEW ADVENTURE.
THEY TRAVELED OVERSEAS AND DROVE THOUSANDS OF MILES THROUGH THE CONTINENTAL US.
CONGRATULATIONS. THANK YOU, MA'AM.
FAMILY LIKE TO COME UP FOR ANOTHER PHOTO.
YEAH. SO I KNOW WHO MY DAD WAS.
THESE ARE THE EMPLOYEES WE ARE RECOGNIZING FOR 20 YEARS OF SERVICE.
SO THE EMPLOYEES GO BACK TO THAT ONE FIRST? OF COURSE. LET'S TAKE A MINUTE.
OKAY. THANK YOU. THESE ARE THE EMPLOYEES RECOGNIZING FOR 15 YEARS OF SERVICE.
THAT'S FANNIE. THESE ARE THE EMPLOYEES RECOGNIZING FOR TEN YEARS OF SERVICE.
BIG THANK YOU TO EVERYONE FOR THEIR SERVICE.
THANK YOU ALL. THAT'S ALL I HAVE, IF THERE ARE ANY QUESTIONS.
THE NEXT AGENDA ITEM IS THE OATH OF OFFICE ADMINISTERED TO YOLANDA.
A WHOLE NEW TO ABC DEPUTY EXECUTIVE DIRECTOR DIRECTOR FLETCHER WILL NOW READ MS..
MS.. YOLANDA HALL WAS APPOINTED TO SERVE AS ABC'S DEPUTY EXECUTIVE DIRECTOR IN AUGUST 2022.
AFTER THE AGENCY WAS REORGANIZED INTO THE TEXAS JUVENILE JUSTICE DEPARTMENT, MS..
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SHE WAS LATER APPOINTED AS DEPUTY BUDGET DIRECTOR FOR THE OFFICE OF THE TEXAS ATTORNEY GENERAL.MS.. HALL IS A LONG TIME AUSTIN RESIDENT AND GRADUATE OF THE UNIVERSITY OF TEXAS AT AUSTIN.
RAISE YOUR RIGHT HAND. I, YOLANDA HALL.
DO YOU SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE? THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF DEPUTY EXECUTIVE DIRECTOR.
AND WILL, TO THE BEST OF MY ABILITY AND WILL.
PRESERVE, PROTECT, PRESERVE AND PROTECT AND DEFEND THE CONSTITUTION AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND LAWS OF THE UNITED STATES AND THIS STATE AND THIS STATE.
SO HELP ME GOD. SO HELP ME GOD.
YOU KNOW, I. I WANTED TO JUST MENTION GIVING AN OATH OF OFFICE IS AN EXTRAORDINARY PRIVILEGE.
I'VE DONE IT NUMEROUS TIMES IN THE MILITARY AND NUMEROUS TIMES HERE.
IT'S NOT A I WILL TRY TO DO THIS.
IT IS A COMMITMENT, IT'S NOT A SUGGESTION.
AND SO I TAKE VERY SERIOUSLY GIVING OATHS.
AND I KNOW THAT THOSE THAT RECEIVE THEM TAKE THEM VERY SERIOUSLY AS WELL.
SO, MA'AM, I'M GLAD THAT YOU'RE HERE AND LOOK FORWARD TO ALL YOUR MANY CONTRIBUTIONS.
[3. Reports]
THE NEXT AGENDA ITEM IS THE PACE PROGRAM.YOU ALREADY HEAR EXECUTIVE CHIEF KIRKENDALL.
GOOD MORNING, COMMISSIONERS. CHAIRMAN LILLY.
THIS PROGRAM WAS DEVELOPED TO ADDRESS A COUPLE OF ISSUES WITHIN OUR AGENCY.
FIRST AND FOREMOST, I'M SURE YOU'RE AWARE THAT OUR AGENTS WHO ARE WORKING TIRELESSLY IN THE FIELD ARE STRUGGLING TO MEET CERTAIN PERFORMANCE MEASURES RELATING TO COMPLAINT INVESTIGATIONS. TYPICALLY, WE'D LIKE TO SEE OUR INVESTIGATIONS CLOSED ON AVERAGE WITHIN UNDER 45 DAYS.
THAT NUMBER RIGHT NOW IS AROUND 74 TO 75 DAYS.
IT TAKES US ON AVERAGE TO CLOSE THOSE INVESTIGATIONS.
AND ANOTHER ISSUE IS BROUGHT TO US BY SOME OF THE INDUSTRY MEMBERS WHO HAS EXPRESSED A DESIRE FOR MORE TRANSPARENCY IN OUR COMPLAINT INVESTIGATIVE PROCESS, SPECIFICALLY FOR THOSE COMPLAINTS THAT WE RECEIVE FROM ANONYMOUS SOURCES.
SO WHAT IS THE PACE PROGRAM? THE PACE ITSELF IS ACTUALLY AN ACRONYM.
IT STANDS FOR PROACTIVE ALCOHOL COMPLIANCE ENFORCEMENT.
AS YOU CAN READ THROUGH HERE SOME OF THE BENEFITS OF THIS PROGRAM.
I'M NOT GOING TO READ THEM TO YOU, BUT WE'RE GOING TO REEMPHASIZE THOSE AS WE GO THROUGH THE SLIDES.
NEXT SLIDE. SO HOW DOES THE PROCESS WORK OR WHAT IS THE HOW HOW DOES THE PROGRAM FUNCTION? SO WHEN THE AGENCY RECEIVES A COMPLAINT AGAINST A LICENSED BUSINESS FOR PUBLIC SAFETY VIOLATION, AGENTS ARE GOING TO LOOK BACK AT THE HISTORY OF THAT BUSINESS TO SEE IF THERE'S BEEN A PRIOR COMPLAINT OR A VIOLATION FOUND OR SUSTAINED AGAINST THAT BUSINESS WITHIN THE LAST TWO YEARS.
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WHAT IT INVOLVES AFTER THAT IS ONCE WE IDENTIFY THAT THEY ARE A THEY QUALIFY TO PARTICIPATE IN THIS PROGRAM, WE'RE GOING TO NOTIFY THAT BUSINESS.AND WE'LL TALK MORE ABOUT THE NOTIFICATION PROCESS HERE IN JUST A SECOND.
BASICALLY, THEY'RE GOING TO BE EMPOWERED TO ADDRESS THOSE ISSUES THEMSELVES AND GAIN COMPLIANCE AND ONLY ENFORCEMENT ACTION, IF NECESSARY, OF ADDITIONAL COMPLAINTS OR VIOLATIONS ARE FOUND.
SO IN THE NEXT SLIDE. SO THE NOTIFICATION IS ACTUALLY GOING TO BE CONDUCTED IN WRITING, IS GOING TO EXPLAIN TO THEM HOW THEY WERE SELECTED TO PARTICIPATE IN THIS PROGRAM, THE CRITERIA TO MEET THAT, TO PARTICIPATE.
IT'S GOING TO GIVE THEM THE ACTUAL INFORMATION, THE COMPLAINT THAT WAS RECEIVED AGAINST THEM.
THESE ARE FOR GENERAL COMPLAINTS FOR LIKE WHEN WE SEE THE COMPLAINT FOR THIS BUSINESS, JOE'S BAR, AS AN EXAMPLE, IS SELLING TO INTOXICATED PERSONS OR MINORS WITHOUT VERY MUCH SUBSTANCE TO THAT COMPLAINT.
IN THOSE CIRCUMSTANCES WHERE THERE'S NO PREVIOUS VIOLATIONS OR ALLEGATIONS, WHAT WE'RE GOING TO DO IS PROVIDE THEM SOME OF THE INFORMATION TO HELP THEM ADDRESS THOSE ISSUES THROUGH BEST PRACTICES, SOME EDUCATIONAL OPPORTUNITIES AVAILABLE TO THEM FROM FREE FROM OUR AGENCY, AND THEN ALSO EXPLAIN TO THEM HOW LONG IT WILL TAKE, WHICH IS ABOUT TWO YEARS BEFORE THEY CAN QUALIFY TO PARTICIPATE IN THE PROGRAM AGAIN, AND ALSO THE POTENTIAL OF ADMINISTRATIVE SANCTIONS IF THEY AREN'T ABLE TO ADDRESS THOSE ISSUES THEMSELVES. I WANT TO TAKE A MOMENT HERE JUST TO PAUSE AND TALK ABOUT TWO OTHER ASPECTS OF THIS PROGRAM, ONE OF WHICH IS A NOTIFICATION, POTENTIAL NOTIFICATION TO PROPERTY OWNERS. AS YOU MAY BE AWARE, FOR CERTAIN VIOLATIONS, PROPERTY OWNERS MAY LOSE CERTAIN RIGHTS TO THEIR PROPERTY FOR ACTIONS COMMITTED BY TAXI LICENSED BUSINESSES THAT THEY LEASE OUT.
TO USE AN EXAMPLE OF NARCOTIC VIOLATIONS.
IF WE CANCELED A PERMIT AT A LOCATION FOR NARCOTICS VIOLATION, THEY WON'T.
THAT LOCATION WILL NOT BE ABLE TO BE RELICENSED FOR AT LEAST A MINIMUM OF A YEAR.
SO THE LANDLORD HAS A VESTED INTEREST IN MAKING SURE HIS TENANT COMPLIES WITH THE REGULATIONS AND LAWS AND THEY MAY ACTUALLY TAKE ACTION ON THEM ON THEIR OWN OUTSIDE OF OUR AGENCY TO HELP ADDRESS THOSE ISSUES.
I'M SURE YOU'VE HEARD IT ALL BEFORE FROM SOME OF THE CONSTITUENTS OUT IN THE FIELD.
WHAT WE WANT TO DO THERE IS EMPOWER OUR LOCAL PARTNERS WITH INFORMATION AND RESOURCES FOR THEM TO EFFECTIVELY ADDRESS THOSE ISSUES THEMSELVES WITHOUT REALLY DEDICATING A LOT OF THEIR RESOURCES TO SOMETHING THAT'S REALLY OUTSIDE OF THE ABC'S PURVIEW.
BUT WE WANT TO BE GOOD PARTNERS WITH THEM.
SO WHILE WE TALKED ABOUT WHAT IT DOES DO, LET'S TALK ABOUT WHAT IT DOES NOT DO.
WHAT IT DOES NOT DO IS PREVENT OUR AGENCY FOR TAKING CONDUCTING AN INVESTIGATION FOR MORE EGREGIOUS VIOLATIONS, THINGS LIKE NARCOTICS OR HUMAN TRAFFICKING, OR A SUBJECT THAT WAS SOLD AT A BAR WHO WAS LATER INVOLVED IN A DWI FATALITY, WE WOULD STILL BE ABLE TO INVESTIGATE THOSE TYPE OF ALLEGATIONS, INCLUDING SPECIFIC ALLEGATIONS USING THE EXAMPLE OF A PARENT THAT WOULD CALL US AND SAY THAT THEIR CHILD WAS SOLD A 12 PACK OF BEER BY THE CONVENIENCE STORE DOWN THE STREET BY THE CLERK BY THE NAME OF JOE LAST FRIDAY.
SOMETHING SO SPECIFIC IS THAT WE'RE STILL GOING TO BE ABLE TO CONDUCT THOSE INVESTIGATIONS.
THIS PROGRAM IS DESIGNED FOR MORE GENERAL COMPLAINTS OF NOT SUCH EGREGIOUS VIOLATIONS.
SOMETHING ELSE IT DOESN'T DO IS PREVENT OUR AGENCY FROM RANDOMLY CONDUCTING OPERATIONS, SPECIFICALLY THINGS LIKE UNDERCOVER UNDERAGE COMPLIANCE OPERATIONS, ESPECIALLY THOSE IN CONCERT WITH SPECIAL EVENTS LIKE BACK TO SCHOOL OR SPRING BREAK OPERATIONS.
WE'RE GOING TO STILL BE ABLE TO RANDOMLY CONDUCT THOSE OPERATIONS DURING THOSE EVENTS.
AND ANOTHER THING IT DOESN'T DO IS IT DOESN'T PROVIDE ANY REDUCTION.
OR ENHANCEMENT IN ANY OF THE SANCTIONS THAT WE WOULD IMPOSE ON A BUSINESS FOR A VIOLATION, JUST BECAUSE OUR REGARDLESS OF WHETHER OR NOT THEY PARTICIPATE OR WE'RE UNABLE TO PARTICIPATE IN THE PACE PROGRAM.
SO HOW ARE WE GOING TO MEASURE SUCCESS? WHAT ARE OUR EXPECTATIONS FOR THIS PROGRAM IS THAT BY IMPLEMENTING THIS, WE'RE GOING TO REDUCE THE NUMBER OF DAYS, THE AVERAGE NUMBER OF DAYS IT TAKES FOR OUR AGENTS TO CONDUCT AN INVESTIGATION.
AND BECAUSE WE'RE FOCUSING OUR AGENTS MORE ACTIVE AT THE MORE AT RISK LOCATIONS, THE WORST OF THE WORST PER SE, WE SHOULD SEE AN INCREASE IN THE SUSTAINED PERCENTAGES OF VIOLATIONS FROM OUR INVESTIGATIONS.
WE HOPE THAT IT WILL ALSO REDUCE A NUMBER OF SUBSEQUENT ALLEGATIONS AGAINST THESE LOCATIONS BECAUSE WE'VE EMPOWERED THEM TO ADDRESS THESE ISSUES THEMSELVES FOR THE FIRST TIME. SO HOPEFULLY WE WON'T SEE ANOTHER REPEAT OF THOSE ALLEGATIONS MOVING FORWARD.
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BUT MORE IMPORTANTLY, WHAT I REALLY HOPE YOU TAKE AWAY FROM THIS PRESENTATION IS IT'S GOING TO IMPROVE THE QUALITY OF LIFE OF THE COMMUNITIES IN WHICH THESE LOCATIONS ARE THESE BUSINESSES ARE LOCATED.MR.. FIRST THINK IT'S A GREAT PROGRAM.
LIKE IT SAYS LOWER THE AVERAGE NUMBER OF DAYS OF CONDUCT INVESTIGATIONS.
I THINK YOU KNOW, THIS INDUSTRY WANTS TO HOW SHOULD I SAY THIS? I DON'T WANT TO SAY SELF REGULATE, BUT THEY'RE THERE.
IT'S BENEFICIAL TO GIVE THEM THE OPPORTUNITY TO SHOW.
AND WE'RE GIVING THEM AN OPPORTUNITY TO DO THAT WITHOUT ANY ADDITIONAL BURDEN.
SANCTION. I LIKE THE FACT THAT WE'RE NOT REDUCING OUR ABILITY TO DO ANYTHING BY WAY OF SANCTION.
BUT I DO WANT TO ASK YOU, HAS THIS PROGRAM BEEN IMPLEMENTED IN OTHER PLACES? ARE WE MIRRORING THIS OFF OF SOMETHING THAT WE'VE SEEN? IS I CONFESS THAT ACTUALLY THE IDEA OF THIS PROGRAM CAME FROM INDIANA.
THEY HAVE A PACE PROGRAM UP THERE.
WHAT HAPPENED WAS, IS I BELONG TO AN ORGANIZATION.
IT'S CALLED NATIONAL LIQUOR LAW ENFORCEMENT ASSOCIATION.
AND THERE WAS SOME DISCUSSION GOING BACK AND FORTH AND I GOT A POWERPOINT PRESENTATION THERE.
PACE DID THEY HAVE ANY DATA ON THE REDUCTION OF OF OF TIME FOR OUR.
OR THEIR ENFORCEMENT OFFICERS TO GO OUT TO DIFFERENT LOCATIONS BASED OFF OF THIS PROGRAM THAT OF POOLS? THERE'S JUST A LIGHT NOT VERY SIMILAR TO OURS IN THE SENSE THAT THEY DIDN'T SHOW ANY DATA IN SUPPORT OF HOW SUCCESSFUL THEIR PROGRAM IS.
IT WAS MORE OF AN EDUCATIONAL PROGRAM FOR THEM.
OURS IS MORE IMPLEMENTED TO TRANSITION OUR FIELD OPERATIONS INTO MORE OF AN INVESTIGATORY ROLE.
AND TO THAT POINT, WE'RE GOING TO HAVE SOME MEASURES TO PROVE ITS SUCCESS.
YOU HAVE YOU SET THAT RUBRIC OUT AS IT RELATES TO WHAT DATA POINT YOU'RE GOING TO BE MEASURING.
I'VE WORKED WITH OUR BUSINESS ANALYSTS, ELIZABETH ZAMORA, AND CAPTURING THE DATA NECESSARY FOR AMES AND ALSO IF WE NEED TO BACK UP INTO OUR LEGACY SYSTEM, AUNTS, TO CAPTURE THE DATA. SO MOVING FORWARD NOW, BECAUSE THIS IS A NEW PROGRAM WE DON'T HAVE, WE CAN'T GO RETROACTIVELY AND SEE.
COMPARE BEFORE AND AFTER ALL, WE'RE GOING TO BE ABLE TO SEE AS A PROGRESS ONCE IT'S IMPLEMENTED.
BUT YES, WE ARE CAPTURING THE DATA MOVING FORWARD IN ORDER TO MEASURE ITS SUCCESS.
I WOULD ALSO ECHO COMMISSIONER MAX, CONGRATULATIONS.
AND SO WHEN YOU CAN IDENTIFY THE BEST WAY TO USE YOUR AGENTS PROPERLY, I THINK IT JUST MAKES IT MUCH MORE OF AN EFFICIENT, LESS OF A SORT OF THROW THE DART AT THE WALL KIND OF PROCESS.
AND SO WE NEED TO FOCUS ON THE 2% THAT AREN'T.
AND I THINK THIS IS A WAY TO TO DO THIS MORE EFFICIENTLY.
EXECUTIVE CHIEF, ANY OTHER COMMENTS? SAN ANTONIO, DALLAS AND OR EL PASO? ALL RIGHT. THANK YOU. THANK YOU, SIR.
IN THE NEXT AGENDA ITEM IS F Y 2024 TO 2025 LEGISLATIVE APPROPRIATION REQUEST SUMMARY AND THE FY 2023 OPERATING BUDGET.
INTERIM DIRECTOR ADRIANO WELCOMES.
FOR THE RECORD, I AM LUIS ARELLANO, INTERIM CFO, AND WE WILL BE PROVIDING WITH PROVIDING YOU WITH A BRIEF PRESENTATION OF OUR FY 24 ART THAT WAS SUBMITTED LAST MONTH TO THE LBB LEGISLATIVE BUDGET BOARD, AS WELL AS THE GOVERNOR'S OFFICE.
IF YOU WILL RECALL THIS COMMISSION MEETING I PRESENTED YOU WITH A REQUEST TOTALING $130 MILLION MADE UP OF 100 MILLIONS IN BASELINE SPENDING PLUS $30 AND SIX EXCEPTIONAL ITEMS REQUEST.
THE ABCS REQUEST INCLUDES THE SAME $100 MILLION BASELINE REQUESTS AND STILL THE SIX EXCEPTIONAL ITEMS TOTALING 24.4 MILLION, A DECREASE OF 5.9 MILLION FROM PREVIOUS PRESENTATION.
TWO CHANGES WERE MADE TO THE REQUEST.
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PREVIOUSLY, THE REQUEST WAS FOR 12.4 MILLION AND ASKED FOR 31 SPOTS FOR THE FIRST YEAR AND 62 KPIS FOR THE SECOND YEAR.NOTICE THAT THIS REQUEST ONLY ASKS FOR THE FUNDING AND NOT THE FTES.
EXCEPTIONAL ITEM NUMBER TWO NOW TOTALS 9.2 MILLION TO RECRUIT AND RETAIN ABOUT 49 FTES.
PREVIOUSLY PREVIOUS REQUEST WAS FOR WAS 9 MILLION.
THE OTHER FOUR EXCEPTIONAL ITEMS REMAIN THE SAME.
YOUR REQUEST FOR AGENCY IS 124.6 AND 625 FTES FOR THE BIENNIUM.
NEXT SLIDE, PLEASE. IF YOU WOULD ALLOW ME TO PRESENT THE FY 23 OPERATING BUDGET NOW AS IT GOES HAND IN HAND WITH THE PRESENTATION, AS THE FY 23 OPERATING BUDGET IS PART OF THE YEAR AND EVENTUALLY BECOMES PART OF THE NEXT BIENNIUM, PLUS ANY EXCEPTIONAL ITEMS THAT WERE THERE WILL BE APPROVED BY THE LEGISLATIVE SESSION.
THIS IS THE BUDGET BY STRATEGY.
NOTICE THAT THE ENFORCEMENT STRATEGY MAKES UP ABOUT 56% OF OUR TOTAL BUDGET.
THE OTHER THREE DIRECT STRATEGIES LICENSING, COMPLIANCE, MONITORING AND PORTS OF ENTRY MAKE UP 33% OF THE TOTAL BUDGET OR ABOUT ONE THIRD OF THE BUDGET, WHILE THE OTHER THREE INDIRECT STRATEGIES AND THESE ARE THE ADMINISTRATIVE SUPPORT AREAS FOR THE AGENCY, MAKE UP THE REMAINING 11%.
NEXT SLIDE. THIS IS THE BUDGET EXPENSE CATEGORY.
THIS BREAKS UP THE BUDGET BY EXPENSE CATEGORY.
IF I CAN MANAGE MY MY SALARIES, I CAN BALANCE MY BUDGET.
NEXT SLIDE. THIS SLIDE GIVES YOU THE BUDGET BY DIVISION.
THIS BREAKS UP THE BUDGET BY DIVISION, A SUBSET OF COST CENTERS, IF YOU WILL.
AT THIS POINT, I'LL BE MORE THAN HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE.
GOOD MORNING, LOUISE. MORNING.
I WANTED TO GO BACK TO THE FIRST LINE ITEM WHERE WE HAD THIS 6 MILLION PLUS DOLLAR DROP.
WHAT WAS THE CHANGE THERE AGAIN BETWEEN WHAT WAS PRESENT AT THE LAST MEETING TO THIS MEETING? YES. THIS REQUEST ONLY ASKED FOR OUR REQUEST OF 30 CPO POSITIONS, WHEREAS THE LAST ONE ASKED FOR A REQUEST OF 31 THE FIRST YEAR AND 62 FTES THE SECOND YEAR.
SO WE'RE ACTUALLY NOT ASKING FOR 31 CPO POSITIONS THE SECOND YEAR OF THE BIENNIUM.
SO JUST THE FIRST YEAR TO COVER THAT, BUT NOT THE SECOND.
ONCE YOU FIND IT FOR 2024, THAT CARRIES INTO 2025.
OKAY. I'LL JUST SAY SOMETHING REALLY QUICK.
I'VE HAD MANY CONVERSATIONS ABOUT THIS MOVING FORWARD WITH STAFF, AND I JUST WANT TO APPLAUD STAFF'S TRANSPARENCY AND BEING ABLE TO REALLY LOOK AT THE NUMBERS AND WHAT WE NEED TO REALLY ASK FOR BEING MINDFUL OF OF WHAT THE DIRECTION OF THE GOVERNOR'S OFFICE AND WHAT WE'RE TRYING TO ACCOMPLISH AND STREAMLINING.
AND SO I JUST REALLY WANT TO GIVE STAFF ACCOLADES FOR THE MANY CONVERSATIONS THAT I KNOW I'VE HAD TO KEEP US KEEP ME UPDATED ON WHAT'S GOING ON MOVING FORWARD.
I DO FEEL GOOD WITH THIS REQUEST MOVING MOVING FORWARD.
SO THANK YOU. SO THANKS FOR THE GOOD PRESENTATION, LOUISE.
WE APPRECIATE IT. SO PLEASE, JUST ONE QUESTION IF YOU CAN EXPLAIN THESE SOMEHOW WEIRDNESS OF STATE OFFICE ACCOUNTING, THE DIFFERENCE BETWEEN A AND A NEW FTE AND FILLING OLD SLOTS THAT ARE VACANT SO THEY'RE NOT REALLY NEW FTES.
THERE ARE VACANT SLOTS THAT WE'RE FILLING.
IS THAT IN THAT? IT SOUNDS LIKE NEW AND IT IS NEW, BUT IT'S NOT NEW, RIGHT? RIGHT. WE'VE GOT THOSE VACANCIES AND WE'RE TRYING TO FILL THEM WITH THESE DOLLARS.
YEAH. BECAUSE WHEN YOU FIRST LOOK AT IT, SAY WHAT, ONLY FIVE F T'S? WELL, IT'S NOT REALLY FIVE NEW PEOPLE.
IT'S MORE. THOSE TEN WOULD BE NEW.
NO, NO. BUT I MEAN, POTENTIALLY IT COULD BE MUCH MORE THAN THAT.
YES, SIR. IF WE CAN ALLOCATE TO SLOTS THAT HAVE HERETOFORE BEEN VACANT.
CORRECT. I JUST WANT EVERYBODY TO BE CLEAR ON THAT.
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THANK YOU, CHAIR. ANY OTHER QUESTIONS, SIR? I APPRECIATE IT. GOOD JOB.GOOD MORNING, CHAIRMAN AND COMMISSIONERS.
INSPECTOR GENERAL DEMINT, COLONEL FULLER.
FOR THE RECORD, I AM DARRELL DEMINT, YOUR INSPECTOR GENERAL.
SATISFIES THE REQUIREMENTS SET FORTH IN SECTION 5.58 F OF THE ALCOHOLIC BEVERAGE CODE.
THIS IS THE AGENDA I WILL BE FOLLOWING FOR APPROXIMATELY THE NEXT 4 MINUTES.
SLIDE, PLEASE. AS A BRIEF REFRESHER.
SLIDE, PLEASE. THE MAJORITY OF COMPLAINTS RECEIVED BY MY OFFICE ARE RELATED TO CONCERNS SURROUNDING PERMITTED BUSINESS PRACTICES, AND THOSE BUSINESS COMPLAINTS ARE REFERRED TO, MANAGED AND INVESTIGATED THROUGH THE ENFORCEMENT AND AUDIT DIVISIONS.
THE POLICIES ARE LISTED IN DESCENDING ORDER.
MY KEY TAKEAWAY ON THE BOTTOM CHART IS THAT IT DEMONSTRATES TO ME AN OPENNESS TO BRING FORWARD CONCERNS AND THAT NO SINGLE REGION OR DIVISION ARE SUPPRESSING ANY COMPLAINTS FROM REACHING MY OFFICE.
FINALLY, EACH CRITICAL INCIDENT WAS REVIEWED DURING F Y 22, WHICH WERE WHICH REACH MY OFFICE AS A RESPONSE TO RESISTANCE IS REALIZED IN ENFORCEMENT OR ACTIVE TARGETING.
THESE SIX TOPICS LISTED ON THE SLIDE REFLECT OUR CURRENT SNAPSHOT OF ONGOING EFFORTS IN THIS REGARD.
WE'RE NOT. WE HAVE NO PROBLEM WITH THE DISALLOWANCE OF ILLICIT BEVERAGES AT THE PORTS OF ENTRY.
THE ARCOS AND HIS DIVISION ARE DOING A PHENOMENAL JOB CONSIDERING THE RESOURCES THEY HAVE.
AND AS WE KNOW, ALL OF THE SURGES THAT ARE OCCURRING ACROSS OUR BORDER AT OUR PORTS OF ENTRY.
HOWEVER, WE WANT TO MAKE SURE THAT WE'RE IN COMPLIANCE AND ARE REVIEWING THE FEDERAL AS WELL AS THE STATE LAWS ASSOCIATED TO THESE DISALLOWANCE AND THE SEIZURE OF ILLICIT BEVERAGES. ITEM NUMBER TWO IS AN UPDATE TO OUR WAREHOUSE OPERATIONS, AND THIS WILL FORMALIZE THE POLICY AND PROCEDURES RELATED TO MANAGING AND RECONCILING OUR VOYAGER CARD, OUR FLEET CARD, OUR CONTRACT WORK ON VEHICLES, AS WELL AS ONSITE AUTHORITIES OF THE WAREHOUSE MANAGER.
AND PART OF THAT RETENTION IS ALLOWING FOR OUTSIDE EMPLOYMENT.
THE POLICY FOR OUR AGENCY IS, OF COURSE, TO ALLOW OUTSIDE EMPLOYMENT WITH CERTAIN LIMITATIONS AND THE HUMAN RESOURCES DIRECTOR FORM 181 IS THE DOCUMENT BY WHICH WE SUPERVISORS CAN MANAGE THE OUTSIDE EMPLOYMENT.
[00:40:01]
EMPLOYEES TO ON DEMAND GO TO WORK FOR BRIEF PERIODS OF TIME.SOME OF THOSE THINGS WEREN'T IMAGINED WHEN WE DEVELOPED THIS FORM.
SO WE'RE MAKING SURE THAT SOME OF THE APPLICATIONS THAT OUR OFFICERS ARE USING FOR OUTSIDE EMPLOYMENT, LIKE ROLL CALL, OFF DUTY MANAGEMENT AND LAW ENFORCEMENT SPECIALISTS ARE INCORPORATED INTO THE UPDATES TO OUR PROCEDURES AND FORM FOR OUTSIDE EMPLOYMENT SO THAT WE CAN CONTINUE TO MAINTAIN THE LEVEL OF TRANSPARENCY, ACCOUNTABILITY, GOVERNANCE AND PROFESSIONALISM THAT WE'VE ENJOYED UP TO THIS POINT.
ITEM FOUR. FOLLOWING THROUGH ON UPDATES AND IMPROVEMENTS WITH THE ISSUE OF TEMPORARY PERMITS AS WE MIGRATE FROM A DECENTRALIZED PAPER PROCESS TO THE MORE CENTRALIZED AND AUTOMATED PROCESS UNDER THE WORLD OF AIMS. AND THEN NUMBER FIVE, WE ANTICIPATE INTEGRATING RECOMMENDATIONS FROM AN ONGOING STATE AUDITOR'S OFFICE AUDIT.
AND THEN FINALLY, OUR AGENCY HAS NOT UPDATED OUR ARRESTING CONTROL TACTICS MANUAL IN TEN YEARS.
WE'VE BEEN WORKING ON THIS FOR THE PAST SIX MONTHS, AND I BELIEVE WITHIN THE NEXT 60 DAYS WE'LL HAVE A NEW ARRESTING CONTROL TACTICS MANUAL FOR REVIEW BY GENERAL COUNSEL AND THE REMAINDER OF THE STAFF.
GENTLEMEN AND LADIES SUBJECT TO ANY QUESTIONS.
THIS CONCLUDES MY ANNUAL BRIEFING.
SO I WOULD JUST ASK FOR AN AFFIRMATION FROM CHIEF NORRIS.
YOU OR CHIEF KIRKENDALL ON THAT OUTSIDE EMPLOYMENT IS NOT ONLY ACCEPTED, BUT IT'S SORT OF THE STANDARD IN THE INDUSTRY, AND IT IS A VERY ACCEPTED WAY FOR INDIVIDUALS TO EARN ADDITIONAL INCOME AS LONG AS IT DOES NOT INTERFERE WITH THE MISSION OF THE AGENCY FOR WHOM THEY ARE EMPLOYED. IS THAT FAIR TO SAY? YES, THERE IT IS. CORRECT.
OUR BIGGEST CONCERN IS USUALLY CONFLICT OF INTEREST FOR INDUSTRY MEMBERS.
BUT I THINK THAT'S A THAT'S DEFINITELY A GOOD THING.
ANY OTHER COMMENTS FROM COMMISSIONERS? OKAY. THANK YOU.
SPEAKING UP. CHIEF NORRIS, WELCOME.
THANK YOU. THE NEXT AGENDA ITEM IS BACK TO SCHOOL OPERATIONS.
GOOD MORNING. BRANDY NORRIS, CHIEF OF ENFORCEMENT.
CHAIRMAN. COMMISSIONERS, WE WERE ABLE TO BEGIN OUR BACK TO SCHOOL OPS THIS YEAR.
WE STARTED AROUND THE SECOND WEEK OF AUGUST AND CONTINUED THROUGH SEPTEMBER OR EARLY SEPTEMBER.
BEFORE WE DID, WE SENT OUT A PRESS RELEASE NOTIFYING FOLKS THAT WE WERE GOING TO BE DOING IT.
AND THE PURPOSE IS JUST WITH MANY YOUNG COLLEGE AND HIGH SCHOOL STUDENTS RETURNING TO SCHOOL, WE JUST KIND OF WANT TO BE OUT THERE AND MAKE SURE THAT STANDARDS ARE BEING FOLLOWED. THEY ARE PARTIALLY FUNDED THROUGH A TECH STOCK GRANT.
SO THAT WAS A GOOD NEWS FOR US.
WE WERE ABLE TO GET SOME ASSISTANCE WITH IT.
AND WHEN WE START, THESE ARE NOT AWARE THE MINORS THAT WE USE LOOK LIKE MINORS.
THEY ARE VERY YOUNG APPEARING.
WE OFTEN ENCOURAGE THEM TO WEAR YOUR HIGH SCHOOL T SHIRTS.
WE ASK THE GIRLS, DON'T PUT ON MAKEUP.
YOU KNOW, WE'RE NOT SENDING IN BEARDED GUYS ONE DAY SHORT OF 21 YEARS OLD.
WE'RE SENDING IN KIDS WHO LOOK LIKE KIDS, RIGHT? SO NEXT SLIDE. AND THEY SHOW THERE AND THEY DO SHOW THEIR REAL ID.
AND IF THEY STILL ARE SERVED ALCOHOL, THAT'S A PROBLEM.
IT IS. AND UNFORTUNATELY, SOMETIMES THEY ARE.
WE DID LOOK GO BACK AND LOOK AND SEE HOW THIS TRACKED TO PREVIOUS YEARS.
IT'S A LITTLE LOWER THAN WHAT IT'S BEEN PREVIOUSLY.
GENERALLY WE'D LIKE TO BE IN THE NINETY'S IN 2020.
AND THEN THIS YEAR WE CAME BACK UP TO 86 SO WE'RE TRENDING BACK UP.
WE THINK THAT'S PROBABLY DUE TO THE OPS NOT BEING DONE IN 2020.
SO MAYBE PEOPLE GOT A LITTLE BIT COMPLACENT.
SO WE'RE HOPEFUL THAT WE CAN START GETTING OUR COMPLIANCE RATES BACK UP INTO THE NINETY'S.
AND UNLESS THERE'S ANY QUESTIONS, THAT CONCLUDES MY PRESENTATION.
THE OPERATIONAL STATS ARE JUST FOR THE CURRENT YEAR, CORRECT? YES SIR. THIS IS JUST THE CURRENT YEAR.
I DO HAVE THE PREVIOUS OVERALL STATEWIDE PERCENTAGES.
IF YOU WOULD LIKE I CAN GIVE YOU THOSE.
WE DIDN'T DO THEM DUE TO COVID 2019.
WE WERE AT 9218, WE WERE AT 90, 2017, WE'RE AT 8716, WE WERE AT 90%.
[00:45:05]
AND IN 2015 WE WERE 91%.YOU MAY HAVE SAID THIS IF YOU DID, I MISSED IT.
SO THE OBVIOUSLY, THERE'S A HUGE DISPARITY IN THE NUMBER OF OPS DEPENDING UPON THE REGION.
IS THAT POPULATION SPECIFIC OR IS THAT STAFFING SPECIFICALLY? IT IS STAFFING AND A LOT OF IT IS DISTANCE.
SO THEY'RE TRAVELING SIGNIFICANT DISTANCE TO DO, BUT IT'S IT'S A LOT OF A STAFFING ISSUE.
ANY OTHER QUESTIONS? THANK YOU, MA'AM. THANK YOU.
THE NEXT GEN ITEM IS PUBLIC COMMENTS.
INTERIM GENERAL COUNSEL WILSON HAS ANYONE SIGNED UP, WHICH I BELIEVE THEY HAVE.
NO ONE HAS SIGNED UP. OH, NO ONE HAS SIGNED UP.
WHEN THE REQUEST WAS WITHDRAWN.
I BEG YOUR PARDON? THE ONE RECOURSE THAT WE HAD WAS WITHDRAWN.
ALL RIGHT. THE NEXT AGENDA ITEM IS CONSIDERATION OF POTENTIAL ACTION ON ORDER ON PROPOSAL FOR DECISION REGARDING ABC VERSUS SERGIO IBARRA, DBA,
[5. Consent Agenda]
BAILA EL TAPATIO.SO A SO A DOCUMENT DOCKET NUMBER 458.
THIS IS A REQUEST FOR AN ORIGINAL APPLICATION.
THE STAFF HAD A CONCERN ABOUT THIS LOCATION GIVEN PRIOR OCCUPANT OF THE LOCATION.
THE ADMINISTRATIVE LAW JUDGE RECOMMENDED THAT THE APPLICATION BE GRANTED, AND THE ORDER THAT ARE PREPARED FOR YOUR CONSIDERATION IS GRANTING THAT APPLICATION VERY WELL.
ANY OTHER QUESTIONS? SEEMS STRAIGHTFORWARD.
I MOVE THAT WE ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW CONTAINED IN THE PROPOSAL FOR DECISION, AND THAT WE AUTHORIZE MYSELF TO SIGN THE ORDER ON BEHALF OF THE COMMISSION. IS THERE A SECOND TO THIS MOTION? SECOND? MR. MACK. THANK YOU. I HAVE A SECOND.
HERE WE GO. ALL OF THE VOTES HAVE BEEN RECORDED.
THE MOTION IS APPROVED. THANK YOU, SIR.
NEXT AGENDA ITEM IS CONSIDERATION.
SO A DOCKET NUMBER 458 DASH 22 2419.
AND THIS IS AN APPLICATION, AGAIN, AN ORIGINAL APPLICATION FOR MIXED BEVERAGE PERMIT FOR A SPECIAL EVENT CENTER WEDDING SITE, ESSENTIALLY NEAR GEORGETOWN. THIS WAS PROTESTED BY NEIGHBORS WHO WERE COMPLAINING ABOUT NOISE, MOSTLY NOISE.
ANY QUESTIONS? I MOVE THAT WE ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW CAN CONTAIN.
SECOND, SECOND. MR. MARINO. THANK YOU. YOU'LL NOW VOTE.
ALL THE VOTING VOTES HAVE BEEN RECORDED.
THE MOTION IS APPROVED. THANK YOU.
MISS HORTON. YOU'RE JUST DYING TO GET UP HERE.
[6. Rules]
EVERYONE'S FAVORITE PORTION OF THE PROGRAM.RIGHT. GOOD MORNING, MR. CHAIRMAN AND COMMISSIONERS.
AND I AM HERE TO PRESENT WE HAVE NO SORRY NO PROPOSAL ITEMS TODAY, ONLY ADOPTIONS.
SO ITEM 6.1, IF I COULD JUST GO AHEAD AND GET TO IT.
[00:50:02]
AMENDED RULE 33.73.YES. THIS AMENDMENT TO 33.73 I.
WAS NECESSARY TO REMOVE REFERENCES TO STATUTES THAT HAVE BEEN REPEALED BY THE LEGISLATURE.
NO PUBLIC COMMENTS WERE RECEIVED AND NO CHANGES HAVE BEEN MADE SINCE.
PROPOSAL. QUESTIONS OR COMMENTS.
IS THERE A SECOND? SECOND, COMMISSIONER ATKINS.
THANK YOU, SIR. WE WILL NOW VOTE.
PARLIAMENT VOTES THE MIDDLE QUARTER, THE MOTION IS APPROVED.
NEXT GEN ITEM IS CONSIDERATION POTENTIAL ACTION ON CONSIDERATION AND ADOPTION OF AMENDED RULE 33.78.
NON PROFIT ENTITY TEMPORARY EVENTS, MA'AM.
NO PUBLIC COMMENTS WERE RECEIVED AND NO CHANGES HAVE BEEN MADE SINCE.
RIGHT. I MOVE TO APPROVE ADOPTION OF THE AMENDED RULE 3378 NONPROFIT ENTITY.
TEMPORARY EVENTS AS RECOMMENDED BY STAFF MAY HAVE A SECOND, SECOND, SECOND.
I MOVED TO APPROVE ADOPTION AND AMENDED RULE 33.78.
I BEG YOUR PARDON. WE HAVE THE SECOND WILL NOW VOTE.
NEXT AGENDA ITEM POTENTIAL ACTION ON CONSIDERATION ON ADOPTION OF AMENDED RULE 33.9 FOR REPORTING PERMIT OR LICENSE CHANGES.
IT REMOVES REQUIREMENTS THAT HAVE BECOME OBSOLETE DUE TO THE IMPLEMENTATION OF AIMS, WHILE ENSURING THE COMMISSION CONTINUES TO HAVE THE ABILITY TO REQUEST ANY INFORMATION FROM A LICENSE OR PERMIT HOLDER THAT IT NEEDS TO VERIFY RULE COMPLIANCE.
COMBINING THE TWO RULES WHICH HAVE SIGNIFICANT AREAS OF OVERLAP WILL ALSO REDUCE CONFUSION.
NO PUBLIC COMMENTS WERE RECEIVED AND NO CHANGES HAVE BEEN MADE SINCE PROPOSAL.
VERY WELL. I MOVED TO APPROVE ADOPTION OF THE AMENDED RULE 3394.
IS THERE A SECOND? SECOND, SECOND.
COMMISSIONER BOATWRIGHT. THANK YOU, SIR.
THANK YOU. THE MOTION IS APPROVED.
THE NEXT AGENDA ITEM IS CONSIDERATION AND POTENTIAL ACTION.
ADOPTION OF AMENDED RULE 45.117.
GIFTS AND ADVERTISING SPECIALTIES, MA'AM.
THIS AMENDMENT AUTHORIZES HOLDERS OF DISTILLERS AND RECTIFIERS WINERY, NONRESIDENT SELLERS AND WHOLESALERS PERMITS TO FURNISH SIGNS PROMOTING THEIR BEVERAGES TO RETAILERS WITHOUT A SPECIFIC DOLLAR VALUE LIMITATION RINGING THE RULE RELATING TO PROVIDING SIGNS FOR LIQUOR IN LINE WITH THE CURRENT RULE FOR MALT BEVERAGES.
NO PUBLIC COMMENTS WERE RECEIVED AND NO CHANGES HAVE BEEN MADE SINCE PROPOSAL.
THANK YOU. QUESTIONS OR COMMENTS? I MOVE TO APPROVE ADOPTION OF THE AMENDED RULE 45.117 ON GIBSON ADVERTISING SPECIALTIES AS RECOMMENDED.
THANK YOU. THE MOTION IS APPROVED.
WE HAD TALKED ABOUT THESE COMMENTS IN STAKEHOLDER MEETING AND PUBLIC HEARING.
[00:55:07]
BREACH OF THE PEACE IF IT DOES NOT OCCUR ON A LICENSED PREMISES.AND THE BUSINESS WAS CLOSED AT THE TIME THAT THE BREACH OCCURRED.
WE ADDED THE MODIFIER LICENSED AND PROVIDED AN EXPLANATION IN THE PUBLISHED RESPONSE TO COMMENTS THAT THE PROVISIONS INTENT IS TO EXCLUDE FROM THE REPORTING REQUIREMENT BREACHES OF PEACE THAT OCCUR OFF OF THE LICENSED PREMISES, AS SHOWN IN AN IMPROVED DIAGRAM IF ONE EXISTS BUT STILL WITHIN THE CONTROL OF THE LICENSEE WHEN THE BUSINESS IS CLOSED, SUCH AS A PARKING LOT.
RIGHT. MAKES SENSE. SO WE ADDED LICENSE AND ADDED THAT CLARIFICATION IN THE PUBLISHED RESPONSE TO COMMENTS SO THAT IF THERE IF ANYONE HAS A QUESTION IN THE FUTURE, IT WILL BE THAT EXPLANATION WILL BE THERE FOR POSTERITY.
WHAT IS UNDER THE LICENSE OR PERMIT HOLDERS CONTROL COULDN'T COVER ALL POTENTIAL SCENARIOS.
THEN NO CHANGES HAVE BEEN MADE IN RESPONSE TO THIS SECOND COMMENT.
SUBJECT TO YOUR QUESTIONS, THIS ITEM IS NOW BEFORE YOU.
DID WE GET ANY FEEDBACK ON WHAT ONCE WE ADDED THE MODIFIER LICENSE FROM THAT COMMENTER? WE DID NOT RECEIVE ANY FURTHER FEEDBACK.
ANY OTHER QUESTIONS? YES. DID YOU GET ANY KIND OF THE SAME QUESTION REGARDING THE SECOND COMMENT? DID DID YOU GET ANY FEEDBACK ON NOT INCLUDING THE DEFINITION? NO, WE DID NOT HEAR BACK.
OKAY. AND HOW LONG DID THEY HAVE TO DO TO GIVE US FEEDBACK? WAS IT LIKE A COUPLE OF WEEKS OR WAS IT A DAY OR SO? OR HAVE THEY BEEN INFORMED ABOUT OUR DECISIONS ON THESE ON THESE TWO MATTERS AT ALL THESE THESE TWO? AS I STATED EARLIER, THESE TWO COMMENTS ARE THINGS THAT WE'VE SPOKEN WITH WITH THIS LAW FIRM ABOUT IN BOTH THE STAKEHOLDER PROCESS AND THEN THROUGH THE PUBLIC HEARING PROCESS.
I THINK THEY ARE DEFINITELY AWARE OF OUR POSITION ON IT.
THIS ITEM WAS POSTED TO BOARD DOCS YESTERDAY.
I KNOW THAT THEY PAY VERY CLOSE ATTENTION TO THOSE POSTINGS AND ARE ALWAYS ON TOP OF IT.
OKAY. SO THEY'VE ONLY HAD ONE DAY, MAYBE LESS LESS THAN A FULL DAY TO KNOW ABOUT WHAT HAPPENED AT THE STAKEHOLDER MEETING.
AND I UNDERSTAND THAT THAT THEY'RE VERY ENGAGED, BUT THEY THEY ONLY WOULD HAVE FOUND OUT YESTERDAY WITH OUR FORMAL STAFF'S FORMAL DECISION ON THIS IS.
IS THAT RIGHT? THEY'VE ONLY HAD ONE DAY OR.
THAT'S WHEN THIS WAS PUBLISHED TO BOARD DOCS TO THE TO THE PUBLIC.
OKAY. I DON'T THINK THAT'S ENOUGH.
SO I'M GOING TO GO AHEAD AND VOTE AGAINST THIS.
GIVE ME THE GIVE ME A TIMELINE HERE.
AND WHAT ARE THE RAMIFICATIONS OF NOT APPROVING THE MOTION? I THINK WE'RE STILL GOING TO BE WITHIN OUR OUR TIME FRAME SINCE PROPOSAL TO WE CAN JUST TABLE IT AND WE CAN WE CAN RUN IT BY YOU AGAIN NEXT TIME.
ALL RIGHT. I MOVED TO TABLE THIS ADOPTION.
GO AHEAD. I WANT ONE MORE QUICK.
SURE. THE MODIFIER WAS OUR SUGGESTION.
IT'S MINE. IT'S YOURS, NOT TABLE.
I MEAN, I THINK IT'S GOOD. I JUST THINK.
I THINK COMMISSIONER BOATRIGHT.
I THINK THAT'S A THAT'S A REASONABLE, REASONABLE POINT.
SO I MOVED TO I'M NOT SURE I HAVE TO.
NO, WE'RE JUST GOING TO TABLE THIS.
ALL RIGHT. ANY OTHER COMMENTS? COMMISSIONER ATKINS OR COMMISSIONER MARINO? NOPE. OKAY. THANK YOU.
WOW. THAT'S SOMETHING YOU AND I AGREE ON.
[01:00:02]
ON. SO THAT.CORRECT. ALL RIGHT. SO WE ARE GOING TO TABLE ALSO 35.32.
OC NEXT GEN ITEM IS CONSIDERATION AND POTENTIAL ACTION ON ADOPTION OF REPEAL OF RULE 41.48, MA'AM. THIS IS THE ONE THAT'S BEING SUBSUMED INTO 3394, WHICH YOU VOTED TO ADOPT EARLIER IN AN EARLIER RULE ITEM.
QUESTIONS. MOVE TO APPROVE ADOPTION OF REPEAL OF RULE 41.48.
IS THERE A SECOND? COMMISSIONER MARINO, THANK YOU.
ALL RIGHT. THE NEXT THE NEXT ITEM IS EXECUTIVE SESSION.
[7. Executive Session]
AND BY THE WAY, FOR THE RECORD, MR. MEDRANO, THANK YOU SO MUCH FOR BEING HERE.AND I REALLY WANT TO APPLAUD YOUR CHILDREN FOR PUTTING UP WITH THIS.
I KNOW THIS HAS BEEN RIVETING AND VERY EXCITING FOR ALL OF YOU, BUT THANKS FOR BEING HERE.
YOU HAVE DONE A LOT BETTER THAN MY KIDS WOULD HAVE IN THIS CIRCUMSTANCE, SO.
ALL RIGHT. THE REGULAR OPEN SESSION OF THE TEXAS ALCOHOLIC BEVERAGE COMMISSION WILL BE IN RECESS.
TIME IS NOW. 1132 SEPTEMBER 27TH, 2022.
THANK YOU ALL. TEXAS ALCOHOLIC BEVERAGE COMMISSION HAS CONCLUDED ITS EXECUTIVE SESSION AND IS NOW IN REGULAR OPEN SESSION. THE DATE IS TUESDAY, SEPTEMBER 27TH, 2022.
AND SO THE NEXT ANNOUNCEMENT IS THE NEXT MEETING DATE.
[8. Closing Items]
THE NEXT SCHEDULED COMMISSION MEETING DATE IS TUESDAY, NOVEMBER 22ND.JUST FYI, THANKSGIVING IS THURSDAY, NOVEMBER 24TH.
SO, COMMISSIONERS, WOULD YOU PLEASE CHECK YOUR CALENDARS TO MAKE SURE THERE IS NOT A CONFLICT? IT'S A BUSY WEEK.
WE'VE ALREADY GOT WE'VE ALREADY GOT ONE COMMISSIONER THAT'S GOING TO HAVE TO GO ON INJURED RESERVE.
SO. WE FEEL, YOU KNOW, IS THERE A WAY? HOW HARD IS IT FOR US TO FIND ANOTHER DATE? I MEAN, THAT IS A REALLY ROUGH WEEK AND PEOPLE ARE TRAVELING AND NONE OF YOU ALL WANT TO BE HERE, RIGHT? WOW. I'VE NEVER SEEN SUCH SUCH EAGER ENTHUSIASM AND AND AGREEMENT.
IT'S NOT A PROBLEM. NOT A PROBLEM.
DO WE NEED TO FIND ANOTHER DATE NOW OR YOU WANT TO PROPOSE A DATE? AND WE CAN. WE HAVE TO VOTE ON IT.
WE HAVE TO DO IT NOW. ALL RIGHT.
WHAT DO WE THINK ON TUESDAY? COULD IT BE 29? YEAH. WHAT ABOUT THE 29TH? HOW DOES THAT WORK FOR YOU, COMMISSIONER MACK? I CAN'T DO THE 29TH.
ALL RIGHT, SO THEREFORE, THE NEXT SCHEDULED COMMISSION MEETING IS PLANNED FOR TUESDAY, NOVEMBER 15TH, 2022.
NEXT IS A GERMAN RECORD TIME, FOLKS OUT OF HERE BY LUNCH.
WHERE ARE WE GOING? ALL RIGHT. THE TIME IS NOW NOON, AND WE ARE ADJOURNED.
AND WE'LL SEE YOU IN NOVEMBER.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.