Untitled Texas Attorney General Opinion ( 1966 )

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-