Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION
Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES
Section 34.1 - General Provisions
Current through Reg. 50, No. 13; March 28, 2025
(a) This rule relates to §§ 11.61, 11.64, 11.641, 104.01, and 106.13 of the Alcoholic Beverage Code.
(b) Definitions. When used in this chapter, the following words and have the following meanings unless the context clearly indicates otherwise:
(c) Authorized commission personnel may settle an administrative action initiated by the commission.
(d) Written warnings. A written warning is an administrative notice issued by a representative of the commission to the license or permit holder documenting a violation of the Code or commission rules and:
(e) Any case alleging a sale to a minor or intoxicated person in violation of Code §§11.61(b)(14), 61.71(a)(6) or 101.63 in which the unlawful sale or service directly or indirectly caused death or serious bodily injury shall be referred directly to the commission's legal services division by authorized commission personnel without an offer of settlement or compromise provided to the licensee/permittee. For purposes of this section, "serious bodily injury" has the meaning assigned by Tex. Penal Code § 1.07(a)(46).
(f) Each suspension of a license or permit shall run for consecutive days. A person assessed a suspension by the commission may be provided with an opportunity to pay a civil penalty in lieu of a suspension as provided by §11.64 of the Code. The commission may, in its discretion, agree to divide an imposed sanction between civil penalties and suspension.
(g) A subsequent violation of the same Code provision or rule will result in a higher sanction if:
(h) For a violation of the Code or rules that is not listed in § 34.2 of this title, the penalty or sanction must be approved by a division director prior to entering into a settlement.
(i) A person authorized to enter into a settlement under this section may make a written recommendation to the executive director or the executive director's designee for a deviation from sanctions in § 34.2 of this title to account for aggravating or mitigating circumstances. The executive director or the executive director's designee must approve a recommendation to deviate from § 34.2 of this title before a settlement reflecting the deviation is offered to the licensee/permittee.