1-1 By: West S.B. No. 541
1-2 (In the Senate - Filed February 11, 1997; February 17, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 24, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 12, Nays 0; February 24, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Carona
1-7 Amend S.B. No. 541 by striking proposed Subdivision (4), Section
1-8 106.14(c), and inserting the following new Subsection (d) and
1-9 renumber the remaining subsections accordingly:
1-10 (d) The commission may by rule adopt additional objective
1-11 criteria which must be met by an employer to qualify for the safe
1-12 harbor provision set forth in Subsection (c). Such criteria shall
1-13 be readily verifiable and of such a nature as to demonstrate that
1-14 the employer is making a genuine effort to prevent the sale,
1-15 service, or delivery of alcoholic beverages to minors or
1-16 intoxicated persons or the consumption of alcoholic beverages by
1-17 minors or intoxicated persons on the premises.
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to alcoholic beverage seller training programs.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 106.14, Alcoholic Beverage Code, is
1-23 amended to read as follows:
1-24 Sec. 106.14. SELLER TRAINING PROGRAM [ACTIONS OF EMPLOYEE].
1-25 (a) A licensee or permittee that is found to have sold, served,
1-26 dispensed, or delivered alcoholic beverages to a minor or an
1-27 intoxicated person three or more times in any 24-month period shall
1-28 require each employee of the holder to successfully complete a
1-29 seller training program approved by the commission.
1-30 (b) A licensee or permittee subject to Subsection (a)
1-31 remains subject to Subsection (a) until the licensee or permittee
1-32 has operated for 24 consecutive months without a violation of
1-33 Section 11.61(b)(14), 61.71(a)(5), 61.71(a)(6), 106.03, or 106.06.
1-34 (c) For purposes of this chapter and any other provision of
1-35 this code relating to the sales, service, dispensing, or delivery
1-36 of alcoholic beverages to a minor or an intoxicated person or the
1-37 consumption of alcoholic beverages by a minor or an intoxicated
1-38 person, the actions of an employee shall not be attributable to the
1-39 employer if:
1-40 (1) the employer requires its employees to complete
1-41 [attend] a commission-approved seller training program;
1-42 (2) the employee has passed a test adopted by the
1-43 commission for [actually attended such] a training program; [and]
1-44 (3) the employer has not directly or indirectly
1-45 encouraged the employee to violate such law; and
1-46 (4) the employer has adopted and enforced policies and
1-47 procedures that are reasonably calculated to prevent the service,
1-48 sale, dispensing, or delivery of alcoholic beverages to or
1-49 consumption by a minor or an intoxicated person on the employer's
1-50 premises.
1-51 (d) [(b)] The commission shall adopt rules or policies
1-52 establishing the minimum requirements for approved seller training
1-53 programs. Upon application, the commission shall approve seller
1-54 training programs meeting such requirements that are sponsored
1-55 either privately, by public community colleges, or by public or
1-56 private institutions of higher education that offer a four-year
1-57 undergraduate program and a degree or certificate in hotel or motel
1-58 management, restaurant management, or travel or tourism management.
1-59 The commission may charge an application fee to be set by the
1-60 commission in such amount as is necessary to defray the expense of
1-61 processing the application.
1-62 (e) [(c)] The commission may approve under this section a
1-63 seller training program sponsored by a licensee or permittee for
2-1 the purpose of training its employees whether or not such employees
2-2 are located at the same premises. This subsection shall only apply
2-3 to licensees or permittees who employ at least 100 [150] persons at
2-4 any one time during the license or permit year who sell, serve, or
2-5 prepare alcoholic beverages.
2-6 (f) [(d)] The commission may approve under this section a
2-7 seller training program conducted by a hotel management company or
2-8 a hotel operating company for the employees of five or more hotels
2-9 operated or managed by the company if:
2-10 (1) the seller training program is administered
2-11 through the corporate offices of the company; and
2-12 (2) the hotels employ a total of at least 200 persons
2-13 at one time during the license or permit year who sell, serve, or
2-14 prepare alcoholic beverages.
2-15 (g) The commission may approve a seller training program
2-16 conducted by a franchisor for the employees of a franchise if:
2-17 (1) the seller training program is administered
2-18 through the corporate offices of the franchisor; and
2-19 (2) all of the licensees and permittees operating a
2-20 franchise employ 100 or more persons at one time during the license
2-21 or permit year who sell, serve, or prepare alcoholic beverages.
2-22 (h) The commission may revoke an employee's seller training
2-23 certificate if the employee receives a citation for an offense
2-24 under Section 11.61(b)(14), 61.71(a)(5), 61.71(a)(6), 106.03, or
2-25 106.06. An employee whose certificate is revoked may obtain a new
2-26 certificate after the date of the citation only if the employee
2-27 completes an approved seller training program and passes the test
2-28 required by the commission.
2-29 SECTION 2. (a) This Act takes effect September 1, 1997.
2-30 (b) The requirement that an employee of a holder of an
2-31 alcoholic beverage permit or license pass a test approved by the
2-32 Texas Alcoholic Beverage Commission on completion of a seller
2-33 training program as provided by Section 106.14, Alcoholic Beverage
2-34 Code, as amended by this Act, applies only to an employee attending
2-35 a seller training program after the effective date of this Act.
2-36 SECTION 3. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended.
2-41 * * * * *