Umm, actually Texas Alcoholic Beverage Commission is a State outfit. That would be why it is called the Texas Alcoholic Beverage Commission, and not the Dallas or Bexar County Alcoholic Beverage Commission. While local officials do have a say in the granting and renewal of alcohol licenses, the TABC is specifically designed to keep law enforcement out of local hands.
They have no power or authority inside the bar, thats private property.
Actually, as Texas peace officers on a licensed premises they have all power they need to arrest people who are commiting violations of the law in their presence.
There the charges, or no charges if you don't blow a violation, are made.
While I learn new things all of the time, I have never heard of a public intoxication suspect being offered a beath test. They give those to DWI suspects, because there is a law against operating a motor vehicle with a blood or beath alcohol over 0.8. The only crime you can commit in Texas while not operating a motor vehicle where a certain alcohol content makes you guilty is the offense of assembling an amusement ride while intoxicated.
Pure political BS. Nothing more than legallized extortion. They split revenues with the local PD and keep the balance to fund their local office.
See above comment about TABC not being local. Plus any law enforcement agency in Texas that "keeps" anything, except forfeited property after a lawsuit and trial, will soon find the Texas Rangers and/or FBI visiting.
Answer is...Refuse to go outside with them. They cannot force you to do so. NO MATTER WHAT THEY SAY. Their mandate only covers public areas.
Refusing to go outside after you have been legally arrested adds the Class A misdemeanor ($2,000 fine and six months in jail) offense of resisting arrest to the Class C misdemeanor ($500 fine and no jail time) offense of public intoxication. It also makes it a lot harder for your attorney to paint you an the innocent victim of an out of control officer, and a lot easier for the prosecutor to paint you as drunk out of your mind and exactly the sort of danger tothe public who needs to go to jail and sleep it off.
A couple more observations.
(1) Whoever thought this new policy up should be reprimanded for carrying out law enforcement in a manner that undermines public support.
(2) Whoever carried this policy out should be fired for imcompetence if they could discover just 30 drunks in 36 bars.
Local offices are just that - staffed and operated by local personnel. Field or 'Enforcement Personnel' are not hired, placed or assigned by state TABC officials. The local office manager may or may not fall in this category.
Actually, as Texas peace officers on a licensed premises they have all power they need to arrest people who are commiting violations of the law in their presence.
Key words here - "...people who are commiting violations of the law in their presence." Drinking in a bar hardly qualifies as a violation of code. We are not discussing drunken, loud, disruptive behavior. I have repeatedly seen bar personnel threatened for asking the TABC gooners to not harras patrons who were not acting in any of those ways. Also, at my time of observation, TABC field personnel were not allowed to carry side arms. Handcuffs, radios and Maglites were SOE.
While I learn new things all of the time, I have never heard of a public intoxication suspect being offered a beath test. They give those to DWI suspects, because there is a law against operating a motor vehicle with a blood or beath alcohol over 0.8. The only crime you can commit in Texas while not operating a motor vehicle where a certain alcohol content makes you guilty is the offense of assembling an amusement ride while intoxicated.
Generic term, beg pardon on using that. Fill the cup or roll up your sleeve. An official record of BAC need be established for charges. Video may bear witness to suspected intoxication, however a standardized and legally admissable record from a tested and verified machine is required.
See above comment about TABC not being local. Plus any law enforcement agency in Texas that "keeps" anything, except forfeited property after a lawsuit and trial, will soon find the Texas Rangers and/or FBI visiting.
Look at funding and disbursement channels for TABC fines.
Refusing to go outside after you have been legally arrested adds the Class A misdemeanor ($2,000 fine and six months in jail) offense of resisting arrest to the Class C misdemeanor ($500 fine and no jail time) offense of public intoxication. It also makes it a lot harder for your attorney to paint you an the innocent victim of an out of control officer, and a lot easier for the prosecutor to paint you as drunk out of your mind and exactly the sort of danger tothe public who needs to go to jail and sleep it off.See exact statement."Refusing to go outside after you have been legally arrested..." is not applicable in thease situations. We are discussing agents who enter a premise without being called and without the consent of the operating personnel (Bartenders, Management and/or servers) and accost patrons. These patrons are then tricked or intimidated into following these clowns outside, onto then public property - "In Public", - where they are then goaded and further harrassed both mentally and in some cases physically - pushed, handled and poked with Maglites. Then, in most cases without an eyeflutter test, these patrons are handcuffed and a waiting local PD car is called on scene.
I think we both agree that drunks should be weeded out and removed from situations of vehicle operation and rowdy, abusive and disruptive activities. I have no problem with this.
Here we are speaking about a group of loose cannons with a known history of intimidating and violating the rights of citizens. Seen 'em in actions more than once. Not the best that Texas has to offer. Thanks.
Actually, there are no more peace officers. Not in Texas, nor anywhere else.
They're all law enforcement officers now.
"Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with." ('Atlas Shrugged' 1957)