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1973 Texas Attorney General Reports and Opinions 1 (1973)

handle is hein.sag/sagtx0003 and id is 1 raw text is: TEuim ATroRixvNE'Y (GENER 1fAL January 18, 1973 Hon. 0. N. Humphreys, Jr. Opinion No. H-1 Administrator, Texas Alcoholic Beverage Commission Re: Whether the provisions Sam Houston State Office Bldg. of Article 666-17(2) Austin, Texas 78711 (a), Vernon's Penal Code, apply only to Package Stores that were in existence prior to its effective Dear Mr. Humphreys: date? Article 666-17(2)(a), Vernon's Penal Code, as amended in 1951, provides: Where a majority of the ownership in each of more than one (1) legal entity, holding Package Store Permits under this Act, is owned by one (1) person, or by persons related within the first degree of consanguinity, the businesses thereof may be consolidated under one (1) legal entity and the permits shall be issued to such entity notwithstanding any other provision of this Act and further pro- vided that after such consolidation it shall be illegal to transfer any of such permits to any other county. Your request for an opinion asks whether this provision applies only to those Package Store Permits that were in exis- tence on its effective date. You advise that the Texas Alcoholic Beverage Commission has permitted consolidation since the effective date of the original enactment of the provision in 1949. Except for the use of is owned instead of shall be owned or some similar language, we see nothing in the statute to indicate an intention that it be limited to those Package Store Permits In effect at the date of its enactment. - 6334- (.1)

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