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.