By West                                          S.B. No. 541

      75R5042 CAG-D                           

                                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 that is found to have sold, served,

 1-8     dispensed, or delivered alcoholic beverages to a minor or an

 1-9     intoxicated person three or more times in any 24-month period shall

1-10     require each employee of the holder to successfully complete a

1-11     seller training program approved by the commission.

1-12           (b)  A licensee or permittee subject to Subsection (a)

1-13     remains subject to Subsection (a) until the licensee or permittee

1-14     has operated for 24 consecutive months without a violation of

1-15     Section 11.61(b)(14), 61.71(a)(5), 61.71(a)(6), 106.03, or 106.06.

1-16           (c) [(a)] For purposes of this chapter and any other

1-17     provision of this code relating to the sales, service, dispensing,

1-18     or delivery of alcoholic beverages to a minor or an intoxicated

1-19     person or the consumption of alcoholic beverages by a minor or an

1-20     intoxicated person, the actions of an employee shall not be

1-21     attributable to the employer if:

1-22                 (1)  the employer requires its employees to complete

1-23     [attend] a commission-approved seller training program;

1-24                 (2)  the employee has passed a test adopted by the

 2-1     commission for [actually attended such] a training program; [and]

 2-2                 (3)  the employer has not directly or indirectly

 2-3     encouraged the employee to violate such law; and

 2-4                 (4)  the employer has adopted and enforced policies and

 2-5     procedures that are reasonably calculated to prevent the service,

 2-6     sale, dispensing, or delivery of alcoholic beverages to or

 2-7     consumption by a minor or an intoxicated person on the employer's

 2-8     premises.

 2-9           (d) [(b)]  The commission shall adopt rules or policies

2-10     establishing the minimum requirements for approved seller training

2-11     programs.  Upon application, the commission shall approve seller

2-12     training programs meeting such requirements that are sponsored

2-13     either privately, by public community colleges, or by public or

2-14     private institutions of higher education that offer a four-year

2-15     undergraduate program and a degree or certificate in hotel or motel

2-16     management, restaurant management, or travel or tourism management.

2-17     The commission may charge an application fee to be set by the

2-18     commission in such amount as is necessary to defray the expense of

2-19     processing the application.

2-20           (e) [(c)]  The commission may approve under this section a

2-21     seller training program sponsored by a licensee or permittee for

2-22     the purpose of training its employees whether or not such employees

2-23     are located at the same premises.  This subsection shall only apply

2-24     to licensees or permittees who employ at least 100 [150] persons at

2-25     any one time during the license or permit year who sell, serve, or

2-26     prepare alcoholic beverages.

 3-1           (f) [(d)]  The commission may approve under this section a

 3-2     seller training program conducted by a hotel management company or

 3-3     a hotel operating company for the employees of five or more hotels

 3-4     operated or managed by the company if:

 3-5                 (1)  the seller training program is administered

 3-6     through the corporate offices of the company; and

 3-7                 (2)  the hotels employ a total of at least 200 persons

 3-8     at one time during the license or permit year who sell, serve, or

 3-9     prepare alcoholic beverages.

3-10           (g)  The commission may approve a seller training program

3-11     conducted by a franchisor for the employees of a franchise if:

3-12                 (1)  the seller training program is administered

3-13     through the corporate offices of the franchisor; and

3-14                 (2)  all of the licensees and permittees operating a

3-15     franchise employ 100 or more persons at one time during the license

3-16     or permit year who sell, serve, or prepare alcoholic beverages.

3-17           (h)  The commission may revoke an employee's seller training

3-18     certificate if the employee receives a citation for an offense

3-19     under Section 11.61(b)(14), 61.71(a)(5), 61.71(a)(6), 106.03, or

3-20     106.06.  An employee whose certificate is revoked may obtain a new

3-21     certificate after the date of the citation only if the employee

3-22     completes an approved seller training program and passes the test

3-23     required by the commission.

3-24           SECTION 2.  (a)  This Act takes effect September 1, 1997.

3-25           (b)  The requirement that an employee of a holder of an

3-26     alcoholic beverage permit or license pass a test approved by the

3-27     Texas Alcoholic Beverage Commission on completion of a seller

 4-1     training program as provided by Section 106.14, Alcoholic Beverage

 4-2     Code, as amended by this Act, applies only to an employee attending

 4-3     a seller training program after the effective date of this Act.

 4-4           SECTION 3.  The importance of this legislation and the

 4-5     crowded condition of the calendars in both houses create an

 4-6     emergency and an imperative public necessity that the

 4-7     constitutional rule requiring bills to be read on three several

 4-8     days in each house be suspended, and this rule is hereby suspended.