DocketNumber： S-147
Judges： John Ben Shepperd
Filed Date： 7/2/1954
Status： Precedential
Modified Date： 2/18/2017
November 18, 1954 R. Stevenson, Jr. Opinion No. S-147 Administrator Texas Liquor Control Board Re: Subpoena power of Texas P. o. Box 56 Liquor Control Board un- Austin 61, Texas der Section 7 of Article 666, Vernon's Penal Code, Dear Mr. Stevenson: Your recent letter asks this office for an opinion on the following question: "We desire your valued opinion as to whether or not this Department under Section 7 of Article 666, Penal Code of Texas, has the authority to issue a subpoena-to compel the production of the personal records and accounts of all officers and atoakhold- era of a corporation holding a permit or iicense issued by the Texas Liquor Control Board. Section7, supra
, provides, in part: "The Board, the Administrator and any inspector under the direction of the Board, shall for the pur- poses contemplated by this Act, have power to issue subpoenas, compel the attendance of witnesses, ad- minister oaths, certify to official acts, take depo- sitions within or without the State of Texas, as now provided by law, and compel the production of perti- nent books, accounts, records, documents, and testi- mong." (Emphasis added.) In the light of the quoted statutory provision, your question is answered in the affirmative, qualified to the extent that the personal records and accounts of all officers and atock- holders of a corporation holding a permit or license issued by the Board are pertinent to the matters under investigation. The subpoena should be specific in the description of the records and accounts wanted, by date, title, substance, or the eubject to which they relate. Ex Parte Gould, 60 Tex. Crlm. 442,132 S.W. 364
(1910). Hon. Coke R. Stevenson, Jr., page 2 (S-147) SUNMARY The Texas Liquor Control Board may issue a subpoena to compel the production of the personal records and accounts of all officers and stockholders of a corpor- ation holding a permit or license Issued by the Board, provided such personal records and accounts are pertinent to the matters under investigation and the subpoena is specific in the description of the records and accounts wanted, by date, title, sub- stance, or the subject to which they relate. Art. 666, Sec. 7, V.P.C., and Ex Parte Gould, 60 Tex. Grim. 442,132 S.W. 364
(1910). APPROVED: Yours very truly, Rudy 0. Rice JOHN BEN SREPPERD State Affairs Division ATTORNEY GENERAL OF TEXAS J.'A.'Amis, Jr. Reviewer By&r+ Horace Wimberly W. V. Geppert Assistant Reviewer Robert S. Trotti First Assistant John Ben Shepperd Attorney General HW/rt