Tex. Alcoh. Bev. Code Section 5.361
Enforcement; Inspections

(a)

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

(1)

detecting serious violations that impact public safety;

(2)

monitoring entities that have a history of complaints and violations of this code; and

(3)

any other factors the commission considers important.

(a-1)

As part of the commission’s enforcement activities under this section, the commission by rule shall develop a plan for inspecting permittees and licensees using a risk-based approach that prioritizes public safety. The inspection plan may provide for a virtual inspection of the permittee or licensee that may include a review of the permittee’s or licensee’s records or it may also require a physical inspection of the permittee’s or licensee’s premises.

(a-2)

The inspection plan must:

(1)

establish a timeline for the inspection of each permittee and licensee that ensures that high-risk permittees and licensees are prioritized; and

(2)

require the commission to physically inspect the premises of each permittee and licensee within a reasonable time as set by rule.

(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.

(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.

(d)

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

(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

(2)

make summary information available to the public, including by posting the information on the commission’s Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 11, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 12, eff. September 1, 2019.

Source: Section 5.361 — Enforcement; Inspections, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­5.­htm#5.­361 (accessed May 4, 2024).

5.01
Texas Alcoholic Beverage Commission 5.02
Members of Commission 5.03
Terms of Office 5.04
Presiding Officer 5.05
Relationship with Alcoholic Beverage Business Prohibited 5.06
Commission Office 5.07
Commission Meetings 5.08
Per Diem, Expenses 5.10
Employees 5.11
Administrator 5.12
Duties of Administrator 5.13
Assistant Administrator 5.14
Inspectors and Representatives 5.15
Assistant Attorneys General 5.16
Representation in Appeal to Commission 5.17
Suits Against the Commission: Venue 5.18
Audit 5.20
Standards of Conduct Information 5.21
Advisory Committees 5.022
Training 5.31
General Powers and Duties 5.32
May Require Reports 5.33
Regulate Licensees and Permittees 5.34
Delegation of Authority 5.35
Issuance of Permits and Licenses 5.36
Investigation of Violations 5.37
Collection of Taxes at Source 5.38
Quality and Purity of Beverages 5.39
Regulation of Liquor Containers 5.40
Regulation of Malt Beverage Container Deposits 5.41
Alcohol Used for Scientific Purposes, Etc 5.42
Penalty for Violation of Rule 5.43
Who May Hold Hearing 5.44
Subpoena of Witnesses 5.45
Proof of Document 5.47
Records of Violations 5.48
Private Records 5.49
Printed Copies of Code and Rules 5.50
Establishment of Certain Fees 5.051
Grounds for Removal from Commission 5.51
Bookkeeping Records 5.52
Program Accessibility Plan 5.53
Public Interest Information and Complaints 5.54
Resolution of Complaints 5.55
Electronic Processing of Licenses, Permits, and Certificates 5.56
Funding of Texas Wine Marketing Assistance Program 5.57
Marketing Practices Regulatory Decisions 5.58
Internal Affairs 5.59
Use of Technology 5.60
Alternative Rulemaking and Dispute Resolution Procedures 5.61
Training Program on Opioid-related Drug Overdose 5.101
Human Resources Division 5.102
Recruitment 5.103
Annual Report 5.141
Purchase of Firearm from Commission by Inspector or Representative 5.142
Special Inspectors or Representatives 5.321
Electronic Signatures 5.331
Public Disturbance Reports 5.361
Enforcement 5.362
Schedule of Sanctions 5.363
Disciplinary Authority of Administrator and Commission 5.364
Receipt and Use of Market Data 5.371
Proceeds from Contraband 5.441
Fees and Expenses Paid Members or Employees of Commission 5.581
Disclosure of Personnel Records of Commissioned Peace Officers
Green check means up to date. Up to date

Accessed:
May 4, 2024

§ 5.361’s source at texas​.gov