Untitled Texas Attorney General Opinion

Honorable Coke R. Stevenson, Jr. Opinion No. C-723 Administrator Texas Liquor Control Board Re: Whether the Texas Austin, Texas Liquor Control Board is authorized to issue a United States Bonded Liquor Export permit as provided for in sub-sec- tion (7b) of Section 15 of Article 1 of the Texas Liquor Control Act (Article 666-15, (7b) of Vernon's Penal Code) to a.qua.lifiedapplicant who desires to obtain Dear Mr. Stevenson: such a permit. Your letter requesting an opinion of this office reads as follows: "In the case of Texas Liquor Control Board vs. Ammex Warehouse Compa.ny,384 S.W.2d 768, it was held that Subsection (7b) of Section 15 of Article 1 of the Texas Liquor Control Act (Article 666-15, (7b), of Vernon's Texas Penal Code) is unconstitutional. The Supreme Court of Texas refused to review this decision be- cause of no reversible error. The Supreme Court of the United States refused to grant certiorari. "Is the Texas Liquor Control Board authorized to issue a United States Bonded Liquor Export Permit as provided for in Subsection (7b) of Section 15 of Article 1 of the Texas Liquor Control Act (Article 666-15, (Tb), of Vernon's Texas Penal Code) to a qualified appli- cant who desires to obtain such a permit?" -3480- Honorable Coke R. Stevenson, Jr., Page 2 (C-723) As you stated in your opinion request, Article 666-15, (7b), of Vernon's Penal Code, has been held to violate the Commerce Clause and the Supremacy Clause of the Federal Con- stitution. Texas Liquor Control-Board v. Ammex Warehouse Company, 384 S.W.2d 768. The laws of the United States supersede or suspend the laws of a state insofar as they cover the same field and are applicable to matters over which Congress has assumed exclil- sive jurisdiction. Therefore, it is the opinion of this office that the Texas Liquor Control Board is not authorized to issue a United States Bonded Liquor Export Permit as provided for in Subsec- tion (7b) of Section 15 of Article 1 of the Texas Liquor Con- trol Act because said statute has been held to violate the Federal Constitution and is unconstitutional and invalid. SUMMARY The Texas Liquor Control Board is not authorized to issue a United States Bonded Liquor Export Permit to a qualified appli- cant who desires to obtain such a permit as Subsection (7b) of Section 15 of Article 666 of Vernon's Penal Code has been declared unconstitutional and invalid. Yours very truly, WAGGONER CARR Attorney Genera,1of Texas Assistant Attorney General DHC/dt -3481- Honorable Coke R. Stevenson, Jr., Page 3 (C-723) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Robert E. Owen Howard M. Fender Malcolm Quick APPROVED FOR THE ATTORNEY GENERAL By T. B. Wright -3482-