By West S.B. No. 541
Substitute the following for S.B. No. 541:
By Wilson C.S.S.B. No. 541
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alcoholic beverage seller training programs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 106.14, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 106.14. SELLER TRAINING PROGRAM [ACTIONS OF EMPLOYEE].
1-7 (a) A licensee or permittee, including a holder of a food and
1-8 beverage certificate, that is found to have sold, served,
1-9 dispensed, or delivered alcoholic beverages to a minor or an
1-10 intoxicated person three or more times in any 24-month period shall
1-11 require each employee of the holder directly selling, serving,
1-12 dispensing, or delivering alcoholic beverages to successfully
1-13 complete a seller training program approved by the commission.
1-14 (b) A licensee or permittee subject to Subsection (a)
1-15 remains subject to Subsection (a) until the licensee or permittee
1-16 has operated for 24 consecutive months without a violation of
1-17 Section 11.61(b)(14), 61.71(a)(5), 61.71(a)(6), 106.03, or 106.06.
1-18 (c) For purposes of this chapter and any other provision of
1-19 this code relating to the sales, service, dispensing, or delivery
1-20 of alcoholic beverages to a minor or an intoxicated person or the
1-21 consumption of alcoholic beverages by a minor or an intoxicated
1-22 person, the actions of an employee shall not be attributable to the
1-23 employer if:
1-24 (1) the employer requires its employees to complete
2-1 [attend] a commission-approved seller training program;
2-2 (2) the employee has passed a test adopted by the
2-3 commission for [actually attended such] a training program; and
2-4 (3) the employer has not directly or indirectly
2-5 encouraged the employee to violate such law.
2-6 (d) The commission shall by rule adopt additional objective
2-7 criteria that any employer must meet to qualify for the safe harbor
2-8 provision of Subsection (c). The criteria must:
2-9 (1) be readily verifiable; and
2-10 (2) demonstrate that the employer is making a genuine
2-11 effort to prevent:
2-12 (A) the sale, service, or delivery of alcoholic
2-13 beverages to minors or intoxicated persons; or
2-14 (B) the consumption of alcoholic beverages by
2-15 minors or intoxicated persons on the premises.
2-16 (e) [(b)] The commission shall adopt rules or policies
2-17 establishing the minimum requirements for approved seller training
2-18 programs. Upon application, the commission shall approve seller
2-19 training programs meeting such requirements that are sponsored
2-20 either privately, by public community colleges, or by public or
2-21 private institutions of higher education that offer a four-year
2-22 undergraduate program and a degree or certificate in hotel or motel
2-23 management, restaurant management, or travel or tourism management.
2-24 The commission may charge an application fee to be set by the
2-25 commission in such amount as is necessary to defray the expense of
2-26 processing the application.
2-27 (f) [(c)] The commission may approve under this section a
3-1 seller training program sponsored by a licensee or permittee for
3-2 the purpose of training its employees whether or not such employees
3-3 are located at the same premises. This subsection shall only apply
3-4 to licensees or permittees who employ at least 100 [150] persons at
3-5 any one time during the license or permit year who sell, serve, or
3-6 prepare alcoholic beverages.
3-7 (g) [(d)] The commission may approve under this section a
3-8 seller training program conducted by a hotel management company or
3-9 a hotel operating company for the employees of five or more hotels
3-10 operated or managed by the company if:
3-11 (1) the seller training program is administered
3-12 through the corporate offices of the company; and
3-13 (2) the hotels employ a total of at least 200 persons
3-14 at one time during the license or permit year who sell, serve, or
3-15 prepare alcoholic beverages.
3-16 (h) The commission may approve a seller training program
3-17 conducted by a franchisor for the employees of a franchise if:
3-18 (1) the seller training program is administered
3-19 through the corporate offices of the franchisor; and
3-20 (2) all of the licensees and permittees operating a
3-21 franchise employ 100 or more persons at one time during the license
3-22 or permit year who sell, serve, or prepare alcoholic beverages.
3-23 (i) The commission may revoke an employee's seller training
3-24 certificate if the employee receives a citation for an offense
3-25 under Section 11.61(b)(14), 61.71(a)(5), 61.71(a)(6), 106.03, or
3-26 106.06. An employee whose certificate is revoked may obtain a new
3-27 certificate after the date of the citation only if the employee
4-1 completes an approved seller training program and passes the test
4-2 required by the commission.
4-3 SECTION 2. (a) This Act takes effect September 1, 1997.
4-4 (b) The requirement that an employee of a holder of an
4-5 alcoholic beverage permit or license pass a test approved by the
4-6 Texas Alcoholic Beverage Commission on completion of a seller
4-7 training program as provided by Section 106.14, Alcoholic Beverage
4-8 Code, as amended by this Act, applies only to an employee attending
4-9 a seller training program after the effective date of this Act.
4-10 SECTION 3. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.