Part 3.
TEXAS ALCOHOLIC BEVERAGE COMMISSION
Chapter 50.
ALCOHOL AWARENESS AND EDUCATION
16 TAC §50.1
The Texas Alcoholic Beverage Commission adopts amendments
to §50.1 without changes to the text as originally published in the March
24, 2000, edition of the
Texas Register,
(25
TexReg 2510).
The adopted amendments substitutes the word "employees" for the word "sellers"
to more accurately conform the statement of purposes for subsequent rules
to amendments to those rules contemporaneously adopted. The amendment particularly
conforms the language of this rule to that of new §50.2(a)(4). The amendments
also add a more accurate statement of the purposes underlying the commission's
rules relating to server training programs.
There were no comments received regarding these amendments.
These amendments are adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.1.Purpose.
The purpose of this subchapter is:
(1)
to establish the minimum substantive and procedural requirements
for approval of seller training programs as authorized by the Texas Alcoholic
Beverage Code, §106.14;
(2)
to establish eligibility, requirements, and procedures
for conducting seller training programs;
(3)
to establish eligibility, requirements, and procedures
for certification of trainers and employees by the commission;
(4)
to establish requirements and procedures calculated
to modify behavior of trainees; and
(5)
to establish requirements calculated to deter future
violations of the Texas Alcoholic Beverage Code by the licensees or permittees.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003278
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: May 30, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.2
The Texas Alcoholic Beverage Commission adopts amendments
to §50.2 with changes to the text as originally published in the March
24, 2000, edition of the
Texas Register,
(25
TexReg 2510-2511). This rule relates to definitions of terms used in the commission's
rules regulating seller-server training programs in Texas. Amendments to §50.2(a)(2)
and (a)(2)(B) were adopted solely to conform references to other statutes
in the rule to recent changes in those statutes. Amendment to §50.2(a)(5)
was adopted to conform the language of that provision with the new language
of §50.2(a)(4).
Paragraph 50.2(a)(4) was amended to define "employee" rather than "seller
or server." The definition was expanded so that immediate supervisors, as
well as the actual servers of alcoholic beverages, are included within the
scope of the commission's rules relating to seller-server training programs.
The effect of this definition is that in order to obtain the defense to administrative
prosecution and civil dram shop liability as provided in §106.14 of the
Alcoholic Beverage Code, retail dealers of alcoholic beverages must secure
training for both supervisors and servers.
Information before the commission indicates that the establishments most
successful at avoiding sales to minors and intoxicated patrons are those in
which a strong and informed commitment to avoid unlawful sales exists in both
management and staff. One way to provoke this commitment is through participation
in seller-server training programs. The commissioners, therefore, concluded
that requiring supervisors and servers to attend training courses is a reasonable
way to minimizing the number of unlawful sales of alcoholic beverages in the
state.
The Texas Package Stores Association suggested that the rule should be
amended to allow retailers to designate to the commission which employees
should be considered "immediate supervisors" thereby avoiding disputes over
which employees are appropriate subjects of training. The commission disagreed
with this suggestion for two reasons. First, in the great majority of cases,
there is little dispute about which employee qualifies as an "immediate supervisor."
Therefore, the designation procedure suggested is an unnecessary complication
to administration of the body of regulations. Second, under that procedure,
it would be possible for retailers to designate as "immediate supervisors"
employees who actually have little interaction with the provision of alcoholic
beverages. The commission concluded that the best approach is to allow retailers
to determine which employees are subject to server training rules, that determination
being subject to challenge in contested case procedures.
Prior to publication of these proposed amendments, the commission informally
published proposed amendments to interested parties. These proposals extended
to definition of "employees" to all employees of a retailer. A number of trade
associations objected to this proposal, pointing out that such a rule would
require persons with no connection to the provision of alcoholic beverages
to attend server training schools. The commission found these objections to
be well taken and amended its definition to extend only to sellers and serves
of alcoholic beverages and their immediate supervisors.
Paragraph (c) of the rule was adopted in order to give the industry, regulated
schools and commission staff a reasonable time to become familiar with, and
make accommodation for, the amendments to this rule.
The Alcoholic Beverage Training, Will Train Will Travel and TABSS/Metroplex
Companies commented in favor of the rule.
These amendments are adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.2.Definitions and Construction.
(a)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Customer--A person, patron or member of an establishment
where the certified trainee is an agent or employee. The term is not limited
to persons who have been sold or served alcoholic beverages by an agent or
employee of the establishment.
(2)
Intoxication--As that term is defined in the Texas
Penal Code, §49.01, to wit:
(A)
not having the normal use of mental or physical faculties
by reason of the introduction of alcohol, a controlled substance, a drug,
or a combination of two or more of those substances into the body; or
(B)
having an alcohol concentration of 0.08 or more. (Alcohol
concentration means: the number of grams of alcohol per 100 milliliters of
blood; the number of grams of alcohol per 210 liters of breath; or the number
of grams of alcohol per 67 milliliters of urine.)
(3)
Program--Seller training program, as that term
is used in the Texas Alcoholic Beverage Code, §106.14.
(4)
Employee--One who sells, serves, dispenses or delivers
alcoholic beverages under the authority of a license or permit, including
persons who immediately manage, direct, supervise, or control the sale or
service of alcoholic beverages. Employee does not include officers of a corporate
permittee/licensee who do not manage, direct, supervise or control the sale
or service of alcoholic beverages.
(5)
Student or trainee An employee attending or participating
in a seller training program.
(b)
Each word and term used in this chapter shall have the
meaning given to it by:
(1)
a definition in this chapter; or
(2)
a definition in the Texas Alcoholic Beverage Code;
or
(3)
a definition in the Texas Penal Code, Titles 1, 2,
or 3; or
(4)
the common dictionary definition.
(c)
The amendments to this rule adopted on April 24, 2000,
shall become effective on September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003279
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.3
The Texas Alcoholic Beverage Commission adopts amendments
to §50.3 with changes to the text as originally published in the March
24, 2000, edition of the
Texas Register,
(25
TexReg 2511-2514). This rule relates to the required content of seller-server
training programs and the procedures for obtaining the approval of the commission
for such programs.
Several provisions of the rule were amended to change the phrase "seller-server"
to "employee." This was done in order to harmonize the language of this rule
with the definition provided in §50.2(a)(4). Other provisions of the
rule were added to allow various determinations previously made by the administrator
to be made by the administrator or his/her designee. This amendment allows
for more efficient and timely handling, by the commission staff, of the determinations
in question. Paragraph (i)(4) of the rule was amended to reflect a more accurate
reference to relevant provisions in the Texas Transportation Code. No comments
were received about these amendments.
Paragraph (e) of the rule was amended to alter the text of the rule as
originally published in the
Texas Register.
This amendment was adopted to remove restrictions limiting the kind of trade
association that can provide server training to its members. The commission
concluded that the restrictions removed from the rule were not necessary to
further the public interest. No comments were received about this amendment.
Paragraph (h) was amended to change the required study, observation and
practice teaching time for program trainers from eight to 12 hours. Several
commenters agreed with this amendment, although one suggested that further
definition should be given of the type of study required of trainers. The
commission concluded this suggestion was unnecessary in that schools regulated
by this rule may best determine what type of study best prepares its trainers
to carry out the provisions of this chapter.
Paragraph (i) of the rule was altered to add various items to the content
of server training courses, such as an explanation of the effects of alcohol
poisoning, the social costs of alcohol abuse, the administrative sanctions
that may be applied to retailers and their employees, methods of monitoring
and intervening in cases of drink tampering. The requirement that schools
offer instruction about alcoholism was omitted from the rule.
The commission determined that the study of alcoholism as a disease was
not necessary to the primary goal of server training which is to teach members
of the alcoholic beverage industry how to avoid unlawful sales and service
to minors and intoxicated persons. Similarly, the items added to the required
course content directly address problems faced by those engaged in selling
or serving alcoholic beverages to consumers. Instruction about the social
costs of alcohol abuse and the administrative sanctions that may be levied
against retailers and their employees is calculated to promote ongoing commitment
by trainees to avoid unlawful sales in their establishments.
Several commenters suggested that instruction about drink tampering was
not productive. The commission disagreed. Drink tampering may happen between
patrons of an establishment. Evidence of such activity may well become apparent
to the employees of that establishment so that steps may be taken to avoid
the dangerous consequences of this conduct.
One commenter suggested that the required course content be increased to
include instruction regarding the law of driving while intoxicated and driving
under the influence of alcohol by a minor. The commission disagreed with this
suggestion because, beyond instruction about the statutory definition of intoxication,
such topics are beyond the scope of server training courses. Comment was further
made that instruction should be provided in several types of practices, designed
to minimize unlawful sales, that may be employed by retailers. The commission
found this unnecessary in as such instruction is frequently provided by server
training schools. Further, individual retailers are in the best position to
determine which internal policies best suit their business. Finally, a retailer's
failure to adopt responsible policies may result in denial of the defense
to administrative and civil liability under the terms of §50.10(d). The
commission concluded that this provides incentive to retailers to develop
responsible policies.
Paragraph (j) of the rule was amended to raise the fee for original applications
for program approval to $1,000.00, with subsequent renewal fees being $500.00,
from $250.00. Several commenters objected to this increase as too high, although
several supported it as a method of excluding poorly equipped and prepared
training providers. The commission concluded that the increase was necessary
to recoup increased staff and overhead costs related to administering the
server training program.
Finally, the commission added paragraph (o) to the rule. This amendment
was not reflected in the proposed amendments as originally published in the
These amendments are adopted under Alcoholic Beverage Code, §5.31and §106.14,
which provides the commission with the authority to prescribe and publish
rules necessary to carry out the provisions of the Alcoholic Beverage Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.3.Application for Program Approval.
(a)
Application for program approval shall be made by the person,
corporation or other entity who will administer and supervise the actual teaching
of the program to Texas employees. The commission specifically finds that
the training entity or school is an inseparable part of the seller training
program. The integrity and ability of the people directly engaged in the administration,
supervision and training of the curriculum to seller trainees are an integral
part of the program contemplated by the Texas Alcoholic Beverage Code, §106.14.
Therefore, a curriculum, alone, is not eligible for approval.
(b)
Application for approval shall be made on forms provided
by the commission.
(c)
No licensee or permittee, or his spouse, agent, servant,
or employee, or any subsidiary or affiliate, may directly or indirectly conduct,
sponsor, or support a seller training program approved under this chapter
except as provided in the Texas Alcoholic Beverage Code, §106.14(c) and
(d).
(d)
A licensee or permittee may be a member of an advisory
board, but not the governing board of a nonprofit agency which sponsors a
seller training program.
(e)
A bona fide state retail trade association qualified under
this section may train personnel of its own regular membership and non-members
of the retail alcoholic beverage industry. For the purposes of this subsection,
package stores which hold local distributor's permits, and private clubs,
shall be considered to be retailers. State retail trade associations may also
train individual members of the general public. To qualify under this subsection
a retail trade association must:
(1)
be an organization whose retail members employ at least
150 persons at anyone time during the calendar year who sell, serve, or prepare
alcoholic beverages;
(2)
not be composed of more than 50% of the retail members
of a particular retail chain;
(3)
not be composed of more than 50% of the trainable
employees from a particular retail chain.
(f)
Persons engaged in the manufacturing or wholesaling of
alcoholic beverages for national distribution may contribute to the development
of a curriculum of seller training being developed for national use; provided,
that any such contribution or involvement shall not be directly or indirectly
tied to the actual offering of training to employees of any retailer, group
of retailers, or the general public. Such involvement by an alcoholic beverage
manufacturer shall be in a primarily noncommercial manner consistent with
the spirit and intent of the provisions of the Texas Alcoholic Beverage Code
and the rules of the commission prohibiting the tied-house and prohibiting
the furnishing of things of value to a retailer of alcoholic beverages.
(g)
No licensee, permittee, or other person engaged in the
manufacturing or wholesaling level of the alcoholic beverage industry, or
any agent, servant, or employee of any of those, may directly or indirectly
conduct or sponsor a seller training program for retail level employees or
members of the general public.
(h)
Each application shall be accompanied by a full and complete
copy of the curriculum, including a copy of all materials to be used therewith,
including workbooks, videos, handouts, and examinations as required by the
commission. The curriculum and other materials shall be indexed and labeled
in detail to indicate the location of all of the requirements for program
approval specified in this chapter. The amount of time allocated to cover
each segment of the curriculum shall be specified with a minimum of 200 minutes
of instruction required excluding breaks and the exam. Programs utilizing
a different format from lecturing will be evaluated case by case. Each application
shall also be accompanied by a trainer development program which includes
a minimum of 12 hours of study time, 12 hours of observation and 12 hours
of practice teaching in front of an audience. The initial trainer for a school-program
may substitute the 12 hours of observation for an additional 12 hours of practice
teaching (with or without a live audience).
(i)
The program shall include:
(1)
§50.2(a)(2) of this title (relating to the Definition
of Intoxication);
(2)
the law pertaining to intoxicated persons. Each approved
seller training program shall review and explain all provisions of the Texas
Alcoholic Beverage Code pertaining to intoxicated persons and provisions of
the Texas Penal Code pertaining to public intoxication and shall include a
discussion of any significant court decisions or opinions of the attorney
general of Texas which the administrator or administrator's designee may from
time to time determine to be appropriate;
(3)
the law pertaining to minors. Each approved seller
training program shall review and explain all provisions of the Texas Alcoholic
Beverage Code relating to the sale or service of alcoholic beverages to minors,
the provisions of the code relating to purchase, possession or consumption
of alcoholic beverages by minors and the provisions of the code relating to
a person making alcoholic beverages available to a minor or permitting a minor
to possess or consume alcoholic beverages and shall include a discussion of
any significant court decisions or opinions of the attorney general of Texas
which the administrator or administrator's designee may from time to time
determine to be appropriate;
(4)
the law pertaining to proper identification. Each
approved seller training program shall review and explain the Texas laws pertaining
to false, counterfeit, or deceptively similar identification documents including,
specifically, the Texas Transportation Code, §§521.121, 521.123,
521.451, 521.453, 521.454, 521.456 and 521.461, and shall include a discussion
of any significant court decisions or opinions of the attorney general of
Texas which the administrator or administrator's designee may from time to
time determine to be appropriate;
(5)
detection of intoxication.
(A)
Each approved seller training program shall explain how
to detect possible intoxication. It shall describe the common indicators including,
but not limited to, slurred speech, mental confusion, impaired balance, impaired
motor ability, bloodshot eyes, the smell of alcoholic beverages on the breath,
dishevelment, nausea and signs of lost control of bladder or bowels. The program
shall note that an intoxicated person may sometimes display none of the common
indicators. It shall describe ways to detect an atypical intoxicated person
through methods such as drink counting, conversations calculated to reveal
emotional stability or common indicators which might not otherwise be manifest.
(B)
Students shall be made aware that serious illness can masquerade
as intoxication. All students shall be instructed to recognize bracelet and
necklace emblems of the Medic Alert Foundation and the significance of such
identification;
(6)
monitoring customer behavior.
(A)
Each approved seller training program shall describe techniques
for monitoring customer behavior for the purpose of implementing timely intervention
pursuant to paragraphs (10) and (11) of this subsection (relating to Intervention
Pertaining to Minors; and Intervention Pertaining to Intoxication). It shall
describe methods to obtain appropriate information in a commercially acceptable
manner, including:
(i)
observing customer response during any conversations with
the seller;
(ii)
observing customer interaction with third parties;
(iii)
observing the customer's initial mood and general conduct;
and
(iv)
observing any change in any of the customer behavior previously
mentioned.
(B)
Each program shall describe and explain typical warning
signs that customer behavior may be degenerating toward illegal behavior.
Such warning signs shall include:
(i)
the development of any indicator of intoxication other
than the smell of alcoholic beverages on the breath;
(ii)
any continuing argument or physical confrontation with
any person;
(iii)
any rapid or pronounced change in mood or emotional state
such as excessive euphoria, sadness, confusion, excitability or aggressiveness.
(7)
physiology.
(A)
Each approved seller training program shall include a basic
explanation of how the human body reacts to the ingestion of beverage alcohol.
It shall use simple language and concepts. It shall explain the effect of
variables including body weight and type, gender, muscle/fat ratios, type
and timing of food consumption, fatigue, and common diseases or disorders.
It shall explain how alcohol can interact with many types of medicines and
other drugs.
(B)
Each program shall include a basic discussion of the types
and amounts of social costs caused by alcohol abuse.
(C)
Each program shall describe the Know Your Limits Chart
developed by the Distilled Spirits Council of the United States, Inc., or
a similar chart, and provide a copy of the chart.
(D)
Each program shall include information concerning alcohol
poisoning as a danger.
(8)
detection of minors.
(A)
Each approved seller training program shall explain techniques
for determining if a customer is a minor. It shall explain the common signs
of underage status including lack of physical maturity. It shall stress that
most minors are mature in physical appearance before the age of 21, and that
signs of physical maturity are not a reliable guide.
(B)
Each program shall describe and explain conduct and mannerisms
which might raise a suspicion of status as a minor. It shall include:
(i)
a discussion of current fads and fashions in clothing,
accessories, and grooming among minors;
(ii)
a description, based upon authoritative sources, of behavior
patterns characteristic of minors;
(iii)
an explanation of how to look for suspicious behavior
such as:
(I)
a group of young-appearing persons pooling their money
and giving it to the oldest- appearing member;
(II)
a youthful appearing person waiting in the background
away from the point of purchase or service while an adult obtains more than
one serving; and
(III)
prior observation that a particular adult has purchased
for a youthful appearing person.
(9)
identification.
(A)
Each approved seller training program shall describe valid
driver's licenses and identification certificates issued by the Texas Department
of Public Safety.
(B)
Each approved seller training program shall explain how
to detect invalid identification documents presented in an attempt to establish
proof of adult status. This shall include counterfeit and altered official
documents. It shall also include unofficial documents which are deceptively
similar to official documents. Emphasis shall be placed on driver's licenses
and identification cards issued by the state of Texas and other states. Each
program shall describe the most common types of counterfeiting and alteration
and shall describe warning signs such as erasures, cut-and-paste numerals,
substandard or inconsistent graphics and substandard lamination.
(10)
intervention pertaining to minors.
(A)
Each approved seller training program shall describe and
explain techniques of intervention to prevent or terminate illegal sale, service,
possession, or consumption regarding a minor.
(B)
Such techniques shall include, when appropriate to the
circumstances:
(i)
ask for and carefully examine an identification card;
(ii)
removal of the alcoholic beverages in a non-aggressive
manner from the reach or sight of the offender;
(iii)
an explanation that the demeanor of the employee should
never be such that is likely to provoke violence;
(iv)
an explanation of the obligation to notify law enforcement
authorities in the event that intervention attempts fail;
(v)
specific examples of words and conduct which may be used
in an attempt to avoid or terminate illegal activity amicably.
(11)
intervention pertaining to intoxication.
(A)
Each approved seller training program shall explain effective
techniques of intervention with persons who are intoxicated or who appear
to be becoming intoxicated. This part of the program is of considerable importance
to the public peace and safety and shall therefore receive due emphasis. The
program may take into account the fact that permittees, licensees, and their
employees will generally desire to avoid alienating a customer whenever possible.
Therefore, the program shall describe specific language and conduct of the
employee which is calculated to terminate or avoid illegal behavior of the
customer as amicably as possible.
(B)
Such techniques shall include, when appropriate to the
circumstances:
(i)
an explanation that the demeanor of the employee should
never be such that is likely to provoke violence;
(ii)
removal of the alcoholic beverages in a non-aggressive
manner from the reach or sight of the offender;
(iii)
specific examples of words and conduct which may be used
in an attempt to avoid or terminate illegal activity amicably;
(iv)
an explanation of how to slow down service of alcoholic
beverages;
(v)
a suggestion that food, snacks or alternative beverages
be served and an explanation of the types of food most likely to slow or reduce
intoxication.
(C)
The student shall be made aware that coffee and other caffeine-containing
products do not reduce intoxication, but may misleadingly appear to do so.
(D)
The student shall be made aware of designated driver programs
and shall be encouraged to provide such special services and courtesies to
a designated driver as may be allowed by the student's employer.
(E)
The student shall be made aware of the obligation to notify
law enforcement authorities in the event that intervention attempts fail.
(12)
sanctions for employee violations. Each approved
seller training program shall explain the requirements of §50.9 of this
chapter.
(13)
additional program content.
(A)
The administrator or administrator's designee is hereby
delegated the authority to modify or add requirements for the content of approved
seller training programs in addition to the requirements specified in this
chapter.
(B)
Any approved seller training program may contain any additional
material except material which the administrator or administrator's designee
finds under the circumstances tends to be:
(i)
a substantial detraction from the effectiveness of the
minimum program requirements; or
(ii)
a substantial detriment to the health, safety, or welfare
of the general public or any segment thereof.
(C)
Approved programs are encouraged to exceed the minimum
requirements of program content and to develop new methods and techniques
designed to fulfill the intent of the Texas Alcoholic Beverage Code, §106.14.
(D)
Approved programs may describe and explain how to monitor
and intervene in cases of drink tampering:
(i)
describe the types and effects of drugs used in drink tampering;
(ii)
describe monitoring methods; and
(iii)
describe intervention methods.
(14)
appropriate testing of trainees in a form
and manner adequate to demonstrate the effectiveness of the training program
shall be required.
(j)
Each application for an original program approval shall
be accompanied by a payment in the amount of $1,000. Each subsequent renewal
of a program is $500.
(k)
Programs found to be acceptable under this chapter shall
be approved in writing by the administrator or administrator's designee in
such form as he may deem to be appropriate.
(l)
Approval shall be valid for a period of three years unless
earlier revoked.
(m)
A person commits an offense under the Texas Alcoholic Beverage
Code, §101.61, if he falsely represents to any person that a program
has been approved by the commission or administrator or administrator's designee,
or misleads any person into believing that a program is approved by the commission
or administrator or administrator's designee when, in fact, it is not.
(n)
The developer of a curriculum, or his authorized agent,
may for marketing purposes in the normal course of business represent that
the basic curriculum is part of a Texas Alcoholic Beverage Commission approved
program, provided such representation is, in fact, truthful.
(o)
The amendments to paragraphs (a), (e), (h), (i), (j), (k),
(m) and (n) of this rule, adopted on April 24, 2000, shall become effective
on September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003280
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.4
The Texas Alcoholic Beverage Commission adopts amendments
to §50.4 with changes to the text as originally published in the March
24, 2000, edition of the
Texas Register,
(25
TexReg 2514-2515). This rule regulates the activities of schools authorized
to provide training to members of the alcoholic beverage industry under §106.14
of the Alcoholic Beverage Code and the rules of the commission.
Paragraph (a) of the rule was amended to allow schools to provide the agency
with electronic, as well as written notification of scheduled class sessions.
This amendment was made in order to allow for notification that is easier,
faster and more economical for schools subject to the regulation.
Paragraph (b) of the rule was amended to add the requirement that class
participants could not consume alcoholic beverages during the class sessions.
Information before the commission indicated that, on occasion, participants
in some previous class sessions had consumed alcoholic beverages. The commission
concluded that this conduct is potentially disruptive and not conducive to
focused learning during the class.
Although one commenter was in favor of this provision of the rule, another
opposed it, pointing out that the rule would make school personnel enforcers
rather than trainers. The commission disagreed with this comment on the belief
that effective trainers can and should establish and maintain control of a
classroom so as to ensure an environment free from distractions.
Prior to amendments, certificates of class completion were issued to trainees
by the commission based on reports from schools. This system proved to create
unnecessary delay between class attendance and certification. This delay was
particularly inconvenient in light of the fact that many trainees require
proof of certification in order to keep and maintain employment. To resolve
this problem, paragraph (r) was adopted to allow the class trainer to issue
certificates directly to students on successful completion of the training
program.
In order to provide for direct issuance of certificates, paragraph (f)
was added, requiring trainers to verify the identity of each class participant
and paragraph (s) was added to establish procedures for the issuance of certificate
forms to the schools; acceptable methods of payment for those forms and requirements
for return of unused certificates.
Several commenters pointed out that this proposed system of certificate
issuance presented risk of the fraudulent sale of certificates as has, in
fact, happened in other government regulated training programs. The commission
recognized that such risk would, in fact, exist. However, the possibility
of fraudulently manufactured certificates exists, regardless of what system
of certificate issuance is adopted. Further, the activity of the schools and
the integrity of their records is subject to close monitoring and regulation
by the commission. Thus, an appropriate enforcement mechanism exists to detect
and sanction individuals or schools issuing false certificates. Finally, the
benefits of efficiency and convenience provided by the system adopted outweigh
the risk of fraud presented.
Finally, the commission adopted paragraph (t) in order to allow members
of the industry, regulated schools and the commission staff to become familiar
with, and prepared to accommodate, the changes adopted to this rule.
These amendments are adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.4.Program Administration.
(a)
The Texas Alcoholic Beverage Commission shall receive written
notification, including electronic notification, from each school to schedule
sessions. At least three-fourths of the session notices shall be received
at least three business days prior to the session date for classes held each
month. One-fourth of the session notices may be received less than three business
days but no later than the next business day after the session is held. Schools
which average four or less sessions per month may not exceed the one-fourth
of the session notices being late over any fiscal year quarter, September
through August. Said notice shall include the date, time, and location of
each class and shall be received in the headquarters of the Texas Alcoholic
Beverage Commission, P.O. Box 13127, Austin, Texas 78711 or local field office
on forms prescribed by the commission. The commission must be notified by
phone or fax of session cancellations prior to the actual session date except
when cancellation cannot be anticipated before the session's scheduled start.
When cancellation cannot be anticipated, the commission must be notified by
the tenth day of the month for each session cancelled during the previous
month.
(b)
All training facilities shall meet the requirements of
the Americans with Disabilities Act (ADA) and contain:
(1)
adequate seating facilities for all students;
(2)
appropriate space to ensure that visuals can be seen
from all seating positions;
(3)
private space to limit distractions;
(4)
access to a restroom; and
(5)
alcoholic beverages cannot be consumed by anyone attending
the class instruction sessions or breaks.
(c)
Sessions may be monitored unannounced to evaluate the program
content, trainer presentation and the classroom environment.
(d)
Programs approved for licensees/permittees or hotel management
companies shall be limited to employees of the said licensee, permittee, or
hotel management company.
(e)
No class may exceed 50 trainees. Trainees who arrive more
than 15 minutes after the start of the program session shall be denied admission
to the session.
(f)
The identity of each trainee must be verified by the trainer.
(g)
The classroom presentation must be consistent with the
approved program.
(h)
Discussion must be pertinent to responsible alcoholic beverage
sale and service.
(i)
Each program session will be presented in a continuous
block of instruction. While instruction may be interrupted for brief breaks,
these should be limited in number and duration. The program must be presented
in its entirety to each student in a language approved for use by the instructor.
(j)
Each trainee is to be tested immediately following the
conclusion of instruction at the program session he or she attends. Testing
of session participants at any other place or time is prohibited unless previously
approved as a part of the program.
(k)
Each trainee must correctly answer at least 70% of the
questions found on the test administered to him. Schools are encouraged to
set higher completion standards. Trainees who receive failing scores may be
immediately retested once. Otherwise, trainees must repeat the course in full.
(l)
All tests shall be administered on a closed book basis.
(m)
At the trainer's discretion the test may be offered in
a language best understood by the trainee. Bilingual instructors may, in response
to direct inquiries, clarify test questions using another language.
(n)
Each test must be maintained by the school for a period
of at least four years and be made available to the commission upon request.
(o)
Reports of Seller Training shall be made by the training
entity or school to the commission. Reports must be delivered or postmarked
within 30 calendar days of the date on which the session was held upon forms
prescribed and approved by the administrator or administrator's designee.
(p)
Each Report of Seller Training shall contain the certificate
number, test score, name, social security number and date of birth of each
student in that class who has successfully completed the training program
and has passed the required test.
(q)
The certified trainer who actually conducted the program
shall personally sign the Report of Seller Training verifying that each designated
student has successfully completed the program approved by the commission
on the date indicated and shall verify such other facts as the administrator
or administrator's designee may from time to time direct.
(r)
The certified trainer who actually conducted or administered
the program shall personally sign the certificate and verify that all information
entered on the certificate is correct. The certificate shall be issued to
the appropriate trainee only after successful completion of the seller training
program. Failure to comply with this requirement is grounds for revoking or
suspending approval of the trainer's certificate and seller training program
administered by that school.
(s)
The certificates shall not be issued to a school by the
commission until the commission has received advance remittance of $2.00 per
certificate. Certificates shall be issued by the commission upon written request
of a school on forms provided by the commission together with the proper remittance.
The commission shall issue certificates to any approved school only in quantities
of at least 50 certificates at one time. If larger quantities are requested,
the same shall be issued only in multiples of 50; provided, however, that
the administrator's designee is hereby empowered to authorize different multiples
if necessary to conform with changes in the method of production of certificates.
(1)
Any payment under this subsection which is dishonored must
immediately be replaced by a cashier's check, certified check or United States
postal money order.
(2)
Any training entity or school which has two dishonored
payments within a 12 month period must make subsequent payments of this fee
by a cashier's check, certified check or United States postal money order
until 12 months have elapsed since the last payment was dishonored.
(3)
No refunds will be made on voided certificates. Certificates
can only be used by the school to which they were issued by the commission.
(4)
All seller training schools which have gone out of
business shall surrender all unused certificates for a refund. This request
shall be on a form prescribed and provided by the commission.
(5)
The copies of all certificates issued shall be kept
for a period of four years.
(t)
The amendments to paragraphs (a), (b), (f), (o), (p), (q),
(r) and (s) of this rule, adopted on April 24, 2000, shall become effective
on September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003281
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.5
The Texas Alcoholic Beverage Commission adopts amendments
to §50.5 with changes to the text as originally published in the March
24, 2000 edition of the
Texas Register,
(25
TexReg 2515-2517). The rule governs conditions under which sanctions may be
imposed on schools providing training to members of the alcoholic beverage
industry under §106.14 of the Alcoholic Beverage Code and rules of the
commission.
Paragraphs (a) and (b) of the rule were amended to allow the administrator
or his/her designee to deny a school's application for program approval, or
to cancel or suspend a prior approval if an agent of the program has, within
the preceding three years, served a sentence resulting from a conviction or
deferred disposition of, an offense involving the abuse of alcoholic beverages
or controlled substances.
The commission concluded that the purpose of server training programs is
to encourage temperance and responsibility in the consumption of alcoholic
beverages and to provide trainees the knowledge, skills and motivation to
do so. An individual who has demonstrably engaged in the behaviors this training
is designed to prevent is apt to be a poor exemplar of the goals of the server
training program generally and, consequently, a poor trainer. The commission
received no comments about this aspect of the rule.
Paragraph (b) was amended to allow for revocation or suspension of program
approval on violation by the program of any order entered by the administrator
or his/her designee entered under this rule. This amendment allows the commission
reasonable means of enforcing its orders of denial, suspension or revocation.
The commission received no comments about this aspect of the rule.
Paragraph (e) was amended to allow schools 21 days, rather than the previous
10 days, to request a hearing on the commission's proposal to deny approval
of, or cancel or suspend a program. The commission concluded that the new
provision provided schools a more reasonable time to consider charges presented
by the commission and the best response to be made to those charges. The commission
received no comment about this amendment.
Paragraph (e) of the rule was amended to allow the administrator or his/her
designee to sanction a violating school by imposition of a civil penalty in
lieu of a suspension of the school's activities. The commission recognized
that a number of schools regulated by this rule conduct training sessions
on an irregular schedule. Thus, imposition of a period of suspension as a
sanction does not necessarily operate as a deterrent to future behavior. Further,
suspension of a school's program results, in specific instances, in denial
of needed training for members of the alcoholic beverage industry. Thus, a
suspension may sanction third parties not involved in the violation to which
the sanction is addressed.
The adopted amendment requires the commission to consider stated factors
in determining the amount of a civil penalty. These factors involve the size
and, therefore, economic capacity of the program to be sanctioned, as well
as the nature of the violation and the history of the program. These considerations
inform the commission's assessment of an appropriate sanction for a particular
violation and help impose sanctions that operate as a true deterrent to future
violations.
The commission received several comments in support of this aspect of the
rule.
Finally, the commission adopted paragraph (g) in order to provide the industry,
regulated schools and commission staff a reasonable time to become familiar
with, and prepare to accommodate, the amendments adopted.
These amendments are adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.5.Denial, Revocation or Suspension of Program Approval.
(a)
The administrator or administrator's designee may deny
approval of any program upon a finding that:
(1)
the program does not meet the minimum course requirements
set out in this chapter; or
(2)
the Application for School-Program Certification is
not correct or complete; or
(3)
any agent of the program has been convicted of or
granted deferred disposition for, a felony, or a misdemeanor related to theft,
fraud or the abuse of alcoholic beverages or controlled substances, and three
years have not passed since the discharge of any sentence imposed as a result
of the conviction or deferred disposition; or
(4)
any agent of a privately sponsored program or his/her
spouse is an alcoholic beverage licensee or permittee; or
(5)
any agent of the program violates this chapter or
the Alcoholic Beverage Code, 106.14.
(b)
The administrator or administrator's designee may, after
notice and opportunity for hearing, revoke or suspend approval of any program
upon a finding that:
(1)
the manner in which the program is being, or has been,
administered has substantially impaired the effectiveness of the program;
or
(2)
any agent of the program has made a false or misleading
statement, report, or representation to the commission regarding the conduct
or administration of the program; or
(3)
any agent of the program has been convicted of or
granted deferred disposition for, a felony, or a misdemeanor related to theft,
fraud or the abuse of alcoholic beverages or controlled substances and three
years have not passed since the discharge of any sentence imposed as a result
of the conviction or deferred disposition; or
(4)
the program has failed to make a timely report or
has failed to communicate any information to the Texas Alcoholic Beverage
Commission required by this chapter; or
(5)
any agent of a privately sponsored program or his/her
spouse is an alcoholic beverage licensee or permittee; or
(6)
the program or any agent of the program has failed
to timely pay any fees due under this chapter or the Alcoholic Beverage Code;
or
(7)
the program or any agent of the program has made payment
for any fees due under this chapter or the Alcoholic Beverage Code by personal
or business check that was dishonored when presented for payment; or
(8)
any agent of the program violates this chapter or
the Alcoholic Beverage Code, §106.14; or
(9)
violation of any order entered by the administrator
or administrator's designee under this rule.
(c)
The entity administering the program has the right to request
a hearing within 21 days after receipt of the notice of denial, revocation
or suspension.
(d)
A person whose school-program certification is revoked
under this section may not apply for another certificate under this chapter
until one year has elapsed from the date of revocation.
(e)
The administrator or administrator's designee may assess
a civil penalty in lieu of suspension of the program. The amount of the civil
penalty shall be made with consideration of the following factors:
(1)
the number of trainee certifications issued by the program
during the 12 months immediately preceding the violation for which the penalty
is to be assessed;
(2)
the nature and severity of the violation for which
the penalty is to be assessed;
(3)
any aggravating or ameliorating circumstances relating
to the violation for which the penalty is to be assessed;
(4)
the record or past violations by the program or its
agents.
(f)
Notice of denial, revocation or suspension shall be served
at the main offices of the applicant or its registered agent for service either
by certified mail or by personal service upon any adult agent or employee
of the applicant at the said main offices.
(g)
The amendments to this rule adopted on April 24, 2000,
take effect on September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003282
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.6
The Texas Alcoholic Beverage Commission adopts amendments
to §50.6 with changes to the text as originally published in the March
24, 2000 edition of the
Texas Register,
(25
TexReg 2517). The rule governs the standards applicable to trainers working
in server training programs operating under the authority of §106.14
of the Alcoholic Beverage Code and rules of the commission.
Paragraph (d) of the rule was amended to require original applicants for
trainer certification, applying after September 1, 2000, to pass a test administered
by the commission as a condition of approval. Several commenters suggested
that this amendment would work a fiscal hardship on trainers who might have
to travel to the test site and on schools in that the requirement would make
it more difficult for schools to hire trainers.
The commission disagreed with these comments on the belief that the success
of an individual school and of the server training program in Texas, generally,
rests in large part on the quality of instructors. In order to be effective,
instructors should, at a minimum, possess a basic core of knowledge commonly
shared by other members of the industry. Successful completion of a standardized
examination is a reasonable and accepted way to insure this minimum competence.
Further tests may be administered at the commission's offices throughout the
state to minimize inconvenience to applicants.
Paragraph (h) of the rule was amended to require trainers to successfully
complete 12 hours of continuing education in related courses or seminars every
three year period. Paragraph (c) was amended to make this requirement a condition
of certification renewal. This amendment was adopted because of the commission's
belief that, like other professions, trainers subject to this rule must maintain
current knowledge of changing information and techniques related to their
field in order to be effective.
Several commenters objected to the expense caused by continuing education
and suggested that the rule should further specify acceptable topics of such
education. The commission concluded that the cost of continuing education
was minimal in light of the benefit to be gained by a knowledgeable body of
trainers. Further, the commission determined that the determination of what
topics of continuing education best helps trainers in their work is a judgment
best left to the schools and trainers, themselves, subject to the commission's
general oversight exercised through informal advice, the application renewal
process and contested administrative case litigation.
Paragraph (f) of the rule was amended to raise the application fee from
$5.00 to $50.00. Several commenters objected to this as too much of an increase
with a consequent fiscal hardship on trainers and schools. The commission
determined that the increase was necessary in light of increased costs of
processing applications, due primarily to test administration and notification
of continuing education completion.
The commission adopted paragraph (i) in order to allow the industry, regulated
trainers and commission staff a reasonable time to become familiar with, and
prepared to accommodate the amendments to this rule. This amendment did not
appear in the proposed rule as originally published.
These amendments are adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.6.Application for Trainer Certification.
(a)
Only trainers holding currently valid certification under
this section shall be eligible to teach an approved seller training program.
This requirement is not intended to prohibit the use of an uncertified guest
instructor who has special expertise in the field which he/she teaches. The
certified trainer shall be present during guest instruction and shall remain
responsible for training quality.
(b)
Application for trainer certification shall be made by
the person to be certified on forms provided by the commission.
(c)
Each application shall include certification by an approved
seller training program entity or school that the applicant is qualified and
competent to teach that seller training program. The renewal applications
shall include documentation of the required continuing education hours.
(d)
An original trainer applicant must have first successfully
completed an examination administered by the Texas Alcoholic Beverage Commission,
with a minimum correct score of 80%. Trainers who have been approved prior
to September 1, 2000 shall be exempt from this initial testing requirement.
(e)
No licensee or permittee, or his spouse, agent, servant
or employee may conduct a seller training program approved under this chapter
except as provided in the Texas Alcoholic Beverage Code, §106.14(c) and
(d).
(f)
Each application shall be accompanied by a payment in the
amount of $50.
(g)
Trainers found to be acceptable under this chapter shall
be approved in writing by the administrator or administrator's designee in
such form as he may deem to be appropriate.
(h)
Approval shall be valid for a period of three years unless
earlier revoked provided that the trainer has successfully completed a minimum
of 12 clock hours of continuing education in related subject courses and/or
seminars within the previous three years prior to renewal.
(i)
The amendments to paragraphs (d), (f), (g) and (h) of this
rule, adopted on April 24, 2000, shall become effective on September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003283
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.7
The Texas Alcoholic Beverage Commission adopts amendments
to §50.7 with changes to the text as originally published in the March
24, 2000 edition of the
Texas Register,
(25
TexReg 2517-2518). The rule relates to the denial, suspension or revocation
of approval for individual trainers working in server training programs authorized
under §106.14 of the Alcoholic Beverage Code and the rules of the commission.
Paragraph (a) of the rule was amended to allow denial, revocation or suspension
of the certification if a trainer has, within the previous three years, served
a sentence resulting from a conviction or deferred adjudication arising from
the abuse of alcoholic beverages or controlled substances. The commission
adopted this amendment because the purpose of server training programs are
to encourage temperate behavior and compliance with the law. In order to be
effective as a trainer in such a program, individuals ought to be exemplars
of such behavior. Therefore, persons with a demonstrated disregard for such
laws are apt to be less effective as trainers.
One commenter suggested that the laws referenced in this amendment ought
to be specified in the rule. The commission concluded this was unnecessary
in that laws relating to alcohol and substance abuse are clearly identifiable
by the terms of the laws themselves.
Paragraph (a) was also amended to allow denial, suspension or revocation
of a trainer's certification if the trainer violates §106.14 of the Alcoholic
Beverage Code, rules of the commission relating to server training or fails
to take reasonable steps to prevent such violations in classrooms under his/her
control. This amendment was passed in order to insure that trainers comply
with the laws and rules of the commission and that trainers maintain classroom
environments conducive to focused learning.
Paragraph (e) of the rule was amended to allow the administrator or his/her
designee to sanction violating trainers by imposition of a civil fine in lieu
of a suspension. The rule requires the amount of the civil penalty to be assessed
by consideration of factors stated in the rule. Many trainers conduct classes
according to an irregular schedule. Thus, imposition of a suspension as sanction
does not necessarily have a deterrent effect on future conduct. Imposition
of a civil fine, determined by reference to the factors stated in the rule,
allows the form and extent of a sanction to be tailored to the circumstances
of a particular case so that the punishment can be better calculated to have
a deterrent effect on future conduct.
The commission adopted paragraph (f) in order to allow the industry, regulated
trainers and the commission staff a reasonable time to become familiar with,
and prepare to accommodate the amendments to this rule. This amendment did
not appear in the proposed amendments as ordinally published in the
These amendments are adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.41, is affected by
this rule.
§50.7.Denial, Revocation or Suspension of Trainer Approval.
(a)
The administrator or administrator's designee may deny
approval of, revoke, or suspend any trainer upon a finding that:
(1)
the applicant for a privately sponsored program or his/her
spouse is an agent of an alcoholic beverage licensee or permittee; or
(2)
the Application for Trainer Certification is not correct
or complete; or
(3)
the applicant has been convicted of or granted deferred
disposition for, a felony, or a misdemeanor related to theft, fraud or the
abuse of alcoholic beverages or controlled substances, and three years have
not passed since the discharge of any sentence imposed as a result of the
conviction or deferred disposition; or
(4)
the trainer has violated a provision of this chapter, §106.14
of the Alcoholic Beverage Code, or has failed to take reasonable steps to
prevent such violations in classes or programs under his/her direction or
control.
(b)
The administrator or administrator's designee may, after
notice and opportunity for hearing, revoke approval of any trainer upon a
finding that:
(1)
the seller training program entity no longer authorizes
the trainer to teach their seller training program; or
(2)
the trainer no longer qualifies as a trainer under
subsection (a) of this section.
(c)
The trainer has the right to request a hearing within 21
days after receipt of the notice of denial, revocation or suspension.
(d)
Notice of the denial, revocation or suspension of a trainer
certificate or a copy of the revocation shall also be provided to the main
offices of the seller training program or the registered agent.
(e)
The administrator or administrator's designee may assess
a civil penalty in lieu of suspension of the trainer. The amount of the civil
penalty shall be made with consideration of the following factors:
(1)
the number of trainee certifications issued by the program
or the trainer during the 12 months immediately preceding the violation of
which the penalty is to be assessed;
(2)
the nature and severity of the violation for which
the penalty is to be assessed;
(3)
any aggravating or ameliorating circumstances relating
to the violation for which the penalty is to be assessed;
(4)
the record of past violations by the trainer.
(f)
The amendments to this rule, adopted April 24, 2000, shall
be effective September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003284
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.8
The Texas Alcoholic Beverage Commission adopts amendments
to §50.8 with changes to the text as originally published in the March
24, 2000 edition of the
Texas Register,
(25
TexReg 2518-2519). The rule relates to issuance of certificates to students
successfully completing server training programs operating under the authority
of §106.14 of the Alcoholic Beverage Code and rules of the commission.
Under the prior rule, certificates for successful completion of training
were issued by the commission on reports from the school. This system resulted
in unnecessary delays between the time a student attended class and the time
that student received proof of successful completion of the class. This delay
was particularly inconvenient in light of the fact that many students require
proof of class attendance for employment. Paragraph (a) of the rule was amended
to allow schools to issue certifications directly to students on successful
completion of the program, thereby, eliminating this delay.
Paragraph (c) was amended to raise the cost of replacement certificates
from $2.00 to $5.00 in reflection of increased costs of processing requests
for such certificates by commission staff.
Paragraph (d) was amended to omit unnecessary language and the statement
that "social security numbers shall not be a public record." The amenability
of social security numbers to public disclosure is determined by reference
to the Texas Open Records Act and not by rule of the commission.
Paragraph (e) of the rule was added after initial publication in order
for the industry, regulated schools and commission staff to become familiar
with, and prepared to accommodate, the amendments to this rule.
These amendments are adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.8.Trainee Certification.
(a)
Upon successful completion of an approved seller training
program, the trainer shall issue an official certificate to each trainee.
All required information shall be completed on the certificate prior to issuance
to the trainee for their possession.
(b)
Each certificate shall be valid for two years.
(c)
The commission shall require an additional $5.00 for each
duplicate certificate issued by the commission. Schools shall not issue replacement
certificates.
(d)
The commission shall maintain a list of currently certified
seller trainees by name, social security number, and date of birth.
(e)
The amendments to paragraphs (a), (c) and (d) of this rule,
adopted on April 24, 2000 shall become effective September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003285
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.9
The Texas Alcoholic Beverage Commission repeals §50.9
as initially proposed in the March 24, 2000 edition of the
Texas Register
(25 TexReg 2519). The rule governed the conditions under
which licensees and permittees could be exempt from certain types of administrative
action.
This rule was repealed to allow for adoption of a new §50.9 adopted
contemporaneously with this repeal. The repeal of this rule shall become effective
on September 1, 2000.
No comments were received on the proposed repeal of §50.9.
This repeal is adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this action.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003286
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
The Texas Alcoholic Beverage Commission
adopts a new §50.9 with changes to the text as originally published in
the March 24, 2000 edition of the
Texas Register
(25 TexReg 2519-2520). The rule governs the suspension or revocation
of the certification of completion of server training issued to certain members
of the alcoholic beverage industry.
Members of the retail tier of the alcoholic beverage industry may choose
to require that their employees successfully complete a course of training
by a school certified by the commission. Retailers who adopt this requirement
are entitled to a defense from administrative and civil liability for unlawful
sales made by their employees to minors or intoxicated persons, subject to
the provisions of §106.14 of the Alcoholic Beverage Code and §50.10
of the commission's rules.
The commission recognized that a number of unlawful sales of alcoholic
beverages made in this state are made by servers who have attended server
training. In general, the commission attributes this to two factors: the failure
of the server to absorb the lessons of seller training and the failure of
the server to assume the responsibilities that are part of providing alcoholic
beverages to members of the public. The second factor is due, in part, to
the fact that, under the prior rule, certified servers who violated the law
could continue working in the alcoholic beverage industry without administrative
consequence for either the server or the server's licensee/permittee employer.
The commission concluded that a reasonable way to address this problem
is to require certified servers who violate the law to reattend server training,
thereby increasing the likelihood that the lessons of that training will be
absorbed by the server. The rule is drafted so that on the first unlawful
sale, the server must be recertified within 30 days. If the server violates
the law twice within 12 months, the server may not be recertified for 90 days
and, on a third offense, within 12 months, the server may not be recertified
for one year. The commission concluded that this escalating program of suspension
will serve to motivate both the employee and the employing retailer to act
carefully so as to avoid unlawful sales in that suspension of an employee's
certification will jeopardize the employee's ability to work in the alcoholic
beverage industry or the retailer's ability to claim the exemption from liability
for unlawful sales.
The commission therefore concluded that adoption of this rule would serve
to minimize the number of unlawful sales of alcoholic beverages to minors
and intoxicated persons. The rule, therefore, furthers the interest of the
public welfare, temperance and safety, and so lies within the regulatory authority
of the commission pursuant to §1.02 and §5.31 of the Alcoholic Beverage
Code.
The Alcoholic Beverage Certification Training Company, Texas A&M Center
for Alcohol and Drug Education Studies, TABSS/Metroplex, the Dram Shop School
and Alliance for Education Services commented in favor of adoption of the
rule.
An earlier version of this rule, informally published to interested parties
prior to publication in the
Texas Register
was crafted so as to require the supervisor of a violating employee to be
recertified and, after a stated number of violations, to permanently bar recertification.
The Texas Package Stores Association, Fiesta Mart, Inc. and the Texas Petroleum
Marketer's and Convenience Stores Association objected to these provisions
on various grounds. The commission concluded that these objections were well
founded and the rule was modified accordingly.
The Texas Entertainment Association objected that revocation of or suspension
of server's training certificates is beyond the legislative intent underlying §106.14
of the Alcoholic Beverage Code and, therefore, beyond the authority of the
commission to adopt as a rule. The commission disagreed with this contention.
The legislature has expressed its intention that the commission "regulate
every phase of the business of...selling...alcoholic beverages" and that the
commission adopt such rules as are necessary to that responsibility. Further,
these duties are to be undertaken with a view toward "protection of the welfare,
health, peace, temperance and safety of the people of the state. Alcoholic
Beverage Code, §§5.31, 1.03. For the reasons described above, the
commission concluded that this rule furthers those ends.
Finally, the commission adopted paragraph (c) of this rule to allow a reasonable
time for the industry, regulated servers and commission staff to become familiar
with, and make accommodation for, the provisions of this rule. This paragraph
did not appear in the text of the proposed rule as originally published.
This rule is adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.9.Revocation or Suspension of Trainee Certification.
(a)
The commission may revoke a trainee certification of an
employee if it is found that:
(1)
the employee has committed a first offense of selling or
serving an alcoholic beverage to a minor or intoxicated person and the employee
has not been recertified. The employee must be recertified within 30 days.
Recertification includes attending and passing an approved seller training
program.
(2)
the employee has committed a second offense, within
12 months, of selling or serving an alcoholic beverage to a minor and/or intoxicated
person. The employee cannot be recertified for a period of 90 days. Recertification
includes attending and passing an approved seller training program.
(3)
the employee has committed a third offense, within
12 months, of selling or serving an alcoholic beverage to a minor and/or intoxicated
person. The commission may revoke the seller-server certification for a period
of one year.
(4)
the employee provided false identification consisting
of, but not limited to, name, social security number, or birth date.
(5)
the employee did not successfully complete a seller
training program.
(b)
The employee has the right to request a hearing within
21 days after the receipt of the notice of revocation or suspension.
(c)
This rule shall become effective September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003287
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.10
The Texas Alcoholic Beverage Commission adopts a new §50.10
with changes to the text as originally published in the March 24, 2000 edition
of the
Texas Register
(25 TexReg 2520). The
rule governs the conditions under which licensees and permittees may claim
exemption from civil and administrative liability for unlawful sales made
to minors and intoxicated persons.
This rule is an amended and renumbered version of the commission's old §50.9,
repealed contemporaneously with this adoption.
In order to claim exemption from liability for unlawful sales, licensees
and permittees must satisfy the three criteria stated in §106.14(a) of
the Alcoholic Beverage Code. Paragraph (a) of the rule requires retailers
claiming the exemption to provide proof of entitlement by affidavit. The commission
has found, through past practice, that this provides a quick and inexpensive
method of determining the issue in most instances.
One statutory requirement for the exemption from liability is that the
retailer require its employees to attend server training schools. The commission
has determined that a reasonable consequence of requiring employees to attend
such training is that the employees receive the training within 30 days of
employment, absent good cause in individual cases. Paragraph (h) of the rule
is adopted to further this requirement.
The third requirement for entitlement to the exemption from liability is
that the retailer not "directly or indirectly" encourage violations of the
law. Alcoholic Beverage Code, §106.14(a)(3). The commission has learned
from its experience in contested cases, that such encouragement, where it
exists, must usually be proved through circumstantial evidence. Repeated violations
by employees of a retailer is some evidence from which a reasonable person
could conclude that the retailer is in some way encouraging such violations.
Paragraph (c) of the rule is adopted to allow such conclusion to be made,
subject to rebutting evidence by the retailer.
The commission has concluded, based on its contested case and enforcement
experience, that a retailer may indirectly encourage violations of law by
its employees by failing to adopt and pursue certain responsible and prudent
business practices. For example, failure to insure that employees maintain
current server training certification so as to remain knowledgeable about
new techniques and information in the field of responsible hospitality is
a way to encourage violations of law by allowing service of alcoholic beverages
by persons who are less capable than they might be. Similarly, failure to
adopt policies and procedures designed to prevent unlawful sales and to communicate
those polices in an understandable way to employees is calculated to encourage
violations of law by producing a workforce without the commitment or tools
to avoid unlawful sales. Paragraph (d) of the rule is adopted to allow these
factors to be considered, in conjunction with rebutting evidence from the
retailers, in the determination of whether the retailer is entitled to the
exemption from liability.
The commission concluded that adoption of this rule would serve to encourage
retailers to adopt responsible business practices and take other steps to
prevent unlawful sales within their establishment, thereby, furthering the
public interest in the general welfare, temperance and safety. This is a primary
objective for which the commission is authorized to adopt rules under §1.03
and §5.31 of the Alcoholic Beverage Code.
The Texas Restaurant Association commented in favor of adoption of §50.10(d).
The A&M Center for Alcohol and Drug Education Studies noted that the rule
should require servers to attend training before beginning employment serving
alcoholic beverages. The commission disagrees with this suggestion because
such a rule would operate to impose often unpredictable delays between hiring
and beginning work. This would create an economic hardship for most retailers.
This hardship is unnecessary in that new employees are frequently subject
to close supervision and instruction. This is more likely to be so in light
of the fact that, should an employee make an unlawful sale prior to attending
training, the retailer is not entitled to exemption from liability for that
act.
The Texas Entertainment Association objected that the criteria of §50.10(d)
would impair a retailer's ability to defend a civil suit brought under Chapter
2 of the Alcoholic Beverage Code and was beyond the agency's authority of
regulation. The commission disagreed with the comment believing for the reasons
stated above, that adoption of this rule serves the public safety, temperance
and welfare for which the commission is entitled to regulate.
In the version of the rule as originally published, paragraph (d)(3) of
the rule allowed an inference that the retailer had encouraged violations
of law by failing to maintain a signed acknowledgment, by each employee, that
their employee had read and understood the retailer's policies regarding sales
to minors and intoxicated persons. The Texas Package Stores Association, the
Texas Restaurant Association and the Texas Petroleum Marketer's and Convenience
Stores Association objected on the grounds that this provision might subject
retailers to loss of the exemption from liability because of mere clerical
error or oversight. The commission found this objection to be well taken and
modified the rule accordingly.
The commission adopted paragraph (e) of the rule in order to allow regulated
members of the industry and the commission staff a reasonable time to become
familiar with, and make accommodation for, the provisions of the rule.
This rule is adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.10.Licensee/Permittee Exemption from Administrative Action.
(a)
The commission shall require each licensee/permittee who
claims exemption from administrative action under the Texas Alcoholic Beverage
Code, §106.14, to produce evidence by affidavit indicating that the licensee/permittee
met the three criteria outlined in §106.14(a).
(b)
The licensee/permittee shall not be deemed to require its
employees to attend a commission approved seller-server training program unless
employees are required to attend such program within 30 days of their initial
employment and each employee's certification has not expired, been suspended
or revoked. The administrator or administrator's designee may relax the requirements
of this paragraph in individual cases for good cause shown by the licensee/permittee
claiming exemption.
(c)
Proof by the commission that an employee or agent of a
licensee/permittee sold, delivered or served alcoholic beverages to a minor
or intoxicated person, or allowed consumption of same by a minor or intoxicated
person, more than twice within a 12-month period, shall constitute prima facie
evidence that the licensee/permittee has directly or indirectly encouraged
violation of the relevant laws.
(d)
The following practices constitute prima facie evidence
of indirect encouragement of law within the meaning of §106.14(a)(3)
of the Alcoholic Beverage Code:
(1)
subject to the provisions of paragraph (b) above, the licensee/permittee
fails to insure that all employees possess currently valid certificates of
training issued and maintained in conformity with this chapter;
(2)
the licensee/permittee fails to adopt, and post within
view of its employees, policies and procedures designed to prevent the sale,
service or consumption of alcoholic beverages by or to minors and intoxicated
persons, and that express a strong commitment by the licensee/permittee to
prohibit such sales, service or consumption;
(3)
the licensee/permittee fails to insure that employees
have read and understood the licensee/permittee's policies and procedures
regarding sales, service or consumption of alcoholic beverages by or to minors
or intoxicated persons.
(e)
This rule shall go into effect September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003288
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
16 TAC §50.11
The Texas Alcoholic Beverage Commission adopts a new §50.11
with changes to the text as originally published in the March 24, 2000 edition
of the
Texas Register
(25 TexReg 2520-2521).
The rule states the conditions under which a retail member of the alcoholic
beverage industry may be compelled to participate in a server training program
operating under the authority of §106.14 of the Alcoholic Beverage Code
and rules of the commission.
Retail members of the alcoholic beverage industry may normally choose whether
or not to participate in the server training authorized by §106.14 of
the Alcoholic Beverage Code. However, information developed from the commission's
enforcement activities indicates that those retailers whose employers receive
server training are somewhat less likely to make unlawful sales of alcoholic
beverages than those retailers whose employees do not receive such training.
The commission, therefore, concluded that those retailers that do not receive
such training, and that demonstrate a pattern of irresponsible operation,
as described in paragraph (b) of the rule, present an ongoing threat to the
public safety, temperance and welfare.
The commission is authorized to regulate in the public interest in such
situations by virtue of §1.03 and §5.31 of the Alcoholic Beverage
Code. The commission concluded that a reasonable response to the type of violating
retailer described above is to allow the administrator or his/her designee
the discretion to require such retailers to participate in a server training
program until such time as the retailer achieves a sustained period of lawful
operation.
The commission adopted paragraph (e) of the rule in order to provide the
industry and commission staff a reasonable time to become familiar with, and
make accommodation for, the terms of this rule.
The A&M Center for Alcohol and Drug Education, the Dram Shop School,
the Alliance for Educational Services, Lone Star Certification and the Petroleum
Marketer's and Convenience Stores Association commented in favor of adoption
of this rule.
This rule is adopted under Alcoholic Beverage Code, §5.31
and §106.14, which provides the commission with the authority to prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Alcoholic Beverage Code, §106.14, is affected by
this rule.
§50.11.Mandatory Participation in Server Training.
(a)
This rule is adopted pursuant to the commission's authority
to enact such rules as are necessary for the public health, peace, safety,
temperance, and morals as this authority is expressed in §1.03 and §5.31
of the Alcoholic Beverage Code.
(b)
The administrator or administrator's designee may require
by written order that specific licensees/permittees participate in a server
training program as created and enacted by §106.14 of the Alcoholic Beverage
Code and the provisions of this chapter. Such requirement may be imposed on
licensees/permittees that:
(1)
have violated a provision of the code or rules relating
to the sale, service, dispensing or delivery of alcoholic beverages to a minor
or intoxicated person more than once in a twelve month period; or
(2)
has been found, by administrative order or court of
competent jurisdiction, to have engaged in conduct directly or indirectly
encouraging violations of law within the meaning of §106.14(a)(3) of
the Alcoholic Beverage Code.
(c)
An order issued under this rule shall remain in effect
until such time as the licensee/permittee has established 24 continuous months
of operation from the date of the last violation without violation of a provision
of the code or rules relating to the sale, service, dispensing or delivery
of alcoholic beverages to a minor or intoxicated person.
(d)
A licensee/permittee shall, on request, be granted a hearing
prior to the issuance of an order authorized by this rule.
(e)
This rule shall go into effect September 1, 2000.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 10, 2000.
TRD-200003289
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Effective date: September 1, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 206-3204
Chapter 303.
GENERAL PROVISIONS
Subchapter D. TEXAS-BRED INCENTIVE PROGRAMS
2.
PROGRAMS FOR HORSES
16 TAC §303.92
The Texas Racing Commission adopts an amendment to §303.92
concerning the rules for the Texas Bred Incentive Program for thoroughbred
horses. The amendment is adopted without changes to the proposed text published
in the March 10, 2000 issue of the
Texas Register
(25 TexReg 1931) and the text will not be republished. The amendment
was presented to the Commission as a petition for rulemaking under 16 Texas
Administrative Code §307.33 by the Texas Thoroughbred Association.
According to the petition, the amendment is necessary to provide for the
orderly and constitutional administration of the awards program. The amendment
to subsection (c) requires the participants in the awards program to notify
the Texas Thoroughbred Association in writing of any changes in payee identity
or addresses. The amendment adding subsection (d) provides for disciplinary
proceedings relating to misconduct by participants in the accreditation program.
The proposed proceedings provide for notice and an opportunity to be heard,
consistent with the constitutional requirements for due process.
No comments were received regarding the adoption of this amendment.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §6.08,
which authorizes the Commission to adopt rules relating to the accounting,
audit and distribution of all amounts set aside for the Texas Bred Incentive
Programs; and §9.01, which authorizes the Commission to approve and adopt
rules developed by the breed registries.
The amendment implements Texas Civil Statutes, Article 179e.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 8, 2000.
TRD-200003240
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: June 1, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 490-4032
Subchapter C. HORSE RACETRACKS
1.
RACETRACKS
16 TAC §309.202
The Texas Racing Commission adopts an amendment to §309.202
concerning the specifications for a horse racetrack. The amendment is adopted
without changes to the proposed text published in the March 10, 2000 issue
of the
Texas Register
(25 TexReg 1932) and
the text will not be republished. The amendment was presented to the Commission
as a petition for rulemaking under 16 Texas Administrative Code §307.33
by the Texas Horsemen's Partnership, LLP, the organization recognized by the
Commission to represent horse owners and trainers.
According to the petition, the amendment is necessary to provide increased
racing opportunities for owners and trainers of all breeds. The amendments
to subsections (a), (b), (c), and (d) make changes to the track length requirements
and provide for a back chute for all racetracks in order to ensure access
to all breeds of horses and accommodate races of the length and distance commonly
run by breeds other than quarter horses.
Oral comments supporting the amendment were received from a representative
of the Jockey Guild, who stated the amendment would require a larger racetrack
that would be safer for jockeys. Oral and written comments supporting the
amendment were received from the Texas Thoroughbred Association, who stated
the amendment would provide more racing opportunities for thoroughbreds at
popular distances. Oral and written comments supporting the amendment were
received from Retama Park, who stated the amendment would help all horsemen
find races of desired distances and help the racetracks provide those races.
Written comment supporting the amendment was received from Austin Jockey Club,
Ltd., which stated providing races of the most desired distances will help
promote quality racing in Texas.
Written comments opposing the amendment were received from Manor Downs,
an existing Class 2 horse racetrack regarding the adoption of this amendment.
The commenter opposed the amendment because the track would be required to
acquire additional real property to be able to comply with the larger track
requirements. The commenter requested that the amendment have no retroactive
application to existing racing facilities. The Commission disagrees with the
comments in that the Texas Racing Act, V.T.C.S. Article 179e, §6.06(e),
permits the Commission to condition the continued holding of a racetrack license
on compliance with Commission rules as amended. Commission Rule 16 Texas Administrative
Code §309.1(c) conditions the continued holding of a racetrack license
on compliance with Commission rules as amended. The amendment will provide
not only safer racetracks, but also racetracks that will afford racing opportunities
to more horses and more horse owners, thereby permitting more citizens to
obtain the benefits of Texas pari-mutuel racing. To accommodate the circumstances
of existing racing facilities which do not comply with the rule as amended,
the Commission has established an effective date of the amendment of June
1, 2001.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The amendment implements Texas Civil Statutes, Article 179e.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 8, 2000.
TRD-200003241
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: June 1, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 490-4032
1.
FACILITIES AND EQUIPMENT
16 TAC §309.309
The Texas Racing Commission adopts an amendment to §309.309
concerning lockout kennels. The amendment is adopted without changes to the
proposed text published in the March 10, 2000 issue of the
Texas Register
(25 TexReg 1933) and the text will not be republished.
The amendment is necessary to ensure the greyhounds racing at Texas racetracks
will be in a safe environment. The amendment to subsection (b) changes the
specifications for the crates in the lockout kennel to improve the safety
and prevent injury to the greyhounds.
No comments were received regarding the proposal.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The amendment implements Texas Civil Statutes, Article 179e.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 8, 2000.
TRD-200003242
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: June 1, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 490-4032
16 TAC §309.361
The Texas Racing Commission adopts the repeal of §309.361,
concerning kennel accounts. The repeal is adopted without changes to the proposal
published in the February 11, 2000, issue of the
Texas Register
(25 TexReg 1018).
The rule established a process for paying purses at greyhound racetracks.
The rule was originally adopted at a time when all greyhound racetracks in
Texas conducted live races year round. Currently, one greyhound racetrack
conducts live races for only a portion of the year, but generates purse money
from simulcasting year round. To establish a procedure to address this new
circumstance, §309.361 is repealed and replaced by a new §309.361,
the adoption of which is also published in this section of the
Texas Register
.
No comments were received regarding the proposal.
The repeal is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The repeal implements Texas Civil Statutes, Article 179e.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 8, 2000.
TRD-200003243
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: June 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 490-4032
The Texas Racing Commission adopts new §309.361,
concerning greyhound purse and kennel accounts. The new rule is adopted without
changes to the proposal published in the February 11, 2000, issue of the
The new rule is adopted to ensure a clear system exists for accounting
for all purse funds generated at greyhound racetracks. The new rule establishes
a process for accounting and safeguarding money earned by an association from
simulcast wagering during a period when the greyhound racetrack is not holding
a live race meet. It also establishes a process to ensure the proper and timely
payment of purses at greyhound racetracks during its live meet. The new rule
also allows for input from the designated greyhound association.
No comments were received regarding the proposal.
The new rule is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The new rule implements Texas Civil Statutes, Article 179e.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 8, 2000.
TRD-200003244
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: June 1, 2000
Proposal publication date: February 11, 2000
For further information, please call: (512) 490-4032
Subchapter D. RUNNING OF THE RACE
1.
JOCKEYS
16 TAC §313.409
The Texas Racing Commission adopts an amendment to §313.409,
concerning jockey mount fees. The amendment is adopted without changes to
the proposal published in the March 10, 2000, issue of the
Texas Register
(25 TexReg 1934) and will not be republished.
The amendment is adopted to ensure jockeys are paid fairly for their services.
The amendment was presented to the Commission as a petition for rulemaking
under 16 Tex. Admin. Code §307.33 by the Jockey Guild. The amendment
to subsection (c) increases one minimum payment for a third-place finishing
jockey and the minimum payment for losing jockeys in all races with purses
of $2,000 or more.
Oral comments were received by the Texas Horsemen's Partnership, LLP in
support of the proposal. The commenter stated the rule was consistent with
similar rules in other racing jurisdictions.
The amendment is adopted under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of racetracks.
The amendment implements Texas Civil Statutes, Article 179e.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 8, 2000.
TRD-200003245
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: June 1, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 490-4032
Chapter 401.
ADMINISTRATION OF THE STATE LOTTERY ACT
Subchapter D. LOTTERY GAME RULES
Part 8.
TEXAS RACING COMMISSION
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Subchapter D. GREYHOUND RACETRACKS
2.
OPERATIONS
Chapter 313.
OFFICIALS AND RULES OF HORSE RACING
Part 9.
TEXAS LOTTERY COMMISSION