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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 2. ADMINISTRATION OF CODE

Added by Acts 2015, 84th Leg., R.S., Ch. 40 (S.B. 700), Sec. 1, eff. September 1, 2015. (280)

Sec. 5.33. REGULATE LICENSEES AND PERMITTEES. (281)(Text)

The commission shall supervise and regulate licensees and permittees and their places of business in matters affecting the public. This authority is not limited to matters specifically mentioned in this code. (282)

Acts 1977, 65th Leg., p. 399, ch. 194, Sec. 1, eff. Sept. 1, 1977. (283)

Sec. 5.331. PUBLIC DISTURBANCE REPORTS. (284)(Text)

Local law enforcement agencies in each county with a population of 3.3 million or more shall send to the commission reports and other data concerning shootings, stabbings, and other public disturbances that occur on the premises of a permittee or licensee. The reports and data shall be incorporated into the record of the permittee or licensee. The administrator of the Texas Alcoholic Beverage Commission shall prescribe the form and content of such reports. (285)

Added by Acts 1985, 69th Leg., ch. 688, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 2, eff. Sept. 1, 2001. (286)

Sec. 5.34. DELEGATION OF AUTHORITY. (287)(Text)

(a) The commission may authorize its commissioned peace officers, servants, and employees to carry out, under its direction, the provisions of this code. (288)

(b) The commission shall develop and implement policies that clearly define the respective responsibilities of the commission and the staff of the commission. (289)

Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 8, eff. Sept. 1, 1993. (290)

Sec. 5.35. ISSUANCE OF PERMITS AND LICENSES. (291)(Text)

The commission may grant, refuse, suspend, or cancel alcoholic beverage permits and licenses as provided in this code. (292)

Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977. (293)

Sec. 5.36. INVESTIGATION OF VIOLATIONS. (294)(Text)

(a) The commission shall investigate violations of this code and of other laws relating to alcoholic beverages, and shall cooperate in the prosecution of offenders before any court of competent jurisdiction. The commission may seize alcoholic beverages manufactured, sold, kept, imported, or transported in violation of this code and apply for the confiscation of the beverages if required to do so by this code. (295)

(b) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(2), eff. Sept. 1, 1993. (296)

Acts 1977, 65th Leg., p. 400, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, Sec. 14, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 790, Sec. 46(2), eff. Sept. 1, 1993. (297)

Sec. 5.361. ENFORCEMENT. (298)(Text)

(a) The commission shall develop a risk-based approach to conducting its enforcement activities that focuses on: (299)

(1) detecting serious violations that impact public safety; (300)

(2) monitoring entities that have a history of complaints and violations of this code; and (301)

(3) any other factors the commission considers important. (302)

(b) The commission shall develop benchmarks and goals to track key enforcement activities and the results of those activities. For each type of enforcement activity, the commission shall track the number of violations detected by the enforcement activity, the amount of time spent on the enforcement activity, and any other information the commission considers necessary. The commission shall use the information collected under this subsection and other information to compare the enforcement performance of each region and to determine the most effective enforcement activities. (303)

(c) The commission shall track, on a statewide and regional basis, the type of violations detected, the disposition of the violations, and the entities that committed the most serious violations. (304)

(d) The commission shall compile detailed statistics and analyze trends related to its enforcement activities. The commission shall: (305)

(1) summarize the statistics and trends for executive management on a monthly basis and for the members of the commission on a quarterly basis; and (306)

(2) make summary information available to the public, including by posting the information on the commission's Internet website. (307)

Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 10, eff. September 1, 2007. (308)

Sec. 5.362. SCHEDULE OF SANCTIONS. (309)(Text)

(a) The commission by rule shall adopt a schedule of sanctions that may be imposed on a license or permit holder for violations of this code or rules adopted under this code. In adopting the schedule of sanctions, the commission shall ensure that the severity of the sanction imposed is appropriate to the type of violation that is the basis for disciplinary action. (310)

(b) For each violation for which a license or permit may be suspended, the schedule of sanctions must include the number of days a permit or license would be suspended and the corresponding civil penalty under Section 11.64. (311)

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