Texas Tech Administrative Law Journal
Permanent URI for this collectionhttps://hdl.handle.net/2346/72461
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Browsing Texas Tech Administrative Law Journal by Subject "AB Code"
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Item Drunk with Power: Does the TABC Know Which Lines to Stay between?(Texas Tech Journal of Texas Administrative Law, 2008) Taylor, AndyExamines the history, development, breadth of power, and effectiveness of the TABC. It covers the creation of the TABC, the purposes behind the TABC, and the current mission of the TABC. It discusses the administrative structure of the TABC, and the three-tier system of regulation that divides sellers of alcohol into three types of vendors: producers or manufacturers, distributors or wholesalers, and properly licensed retailers. It addresses how this three-tier structure is an efficient way to collect taxes, and explains how consumers purchasing alcohol over the internet and the globalization of the marketplace call into question its effectiveness. Further, this comment articulates the ways that the Twenty-first Amendment and the Commerce Clause conflict, and how the TABC faces constitutional challenges over its regulations promulgated under the provisions in the AB Code. Next, it covers some recent constitutional decisions and future challenges that the TABC faces. Lastly, it provides recommendations for the TABC, including rewriting or amending the AB Code and finding new ways to keep up with technology to adequately regulate the alcoholic beverage industry and continue collecting tax revenues.