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(c) The governing body of an incorporated city or town or the commissioners court of a county may not levy and collect a fee under Section 11.38 or 61.36 based on a surcharge imposed under this section. Added by Acts 2003, 78th Leg., ch. 101, Sec. 1, eff. Sept. 1, 2003. Renumbered from Alcoholic Beverage Code, Section 5.55 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(1), eff. September 1, 2005. Sec. 5.57. MARKETING PRACTICES REGULATORY DECISIONS. (a) The commission shall develop a formal process for making policy decisions regarding marketing practices regulations and for communicating those decisions to agency staff and the alcoholic beverage industry. (b) The commission shall gather input from a diverse group of representatives of the alcoholic beverage industry regarding regulatory issues and interpretations of this code and commission rules. (c) The commission shall make a reasonable attempt to meet with alcoholic beverage industry representatives from: (1) the manufacturing, distribution, and retail tiers of the industry; and (2) the liquor, beer, and wine segments of the industry. (d) In making policy decisions regarding marketing practices regulations, the commission shall: (1) take into consideration recommendations of the industry representatives consulted under this section; (2) document its policy decisions by: (A) using a precedents manual; or (B) drafting formal advisories; and (3) make those documents available to regional staff and industry members through its Internet website, electronic mail, or commission publications. Added by Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 15, eff. September 1, 2007. Sec. 5.58. INTERNAL AFFAIRS. (a) The administrator shall establish an office of internal affairs to ensure fair and impartial investigations of alleged employee misconduct. (b) The administrator shall appoint and directly oversee the head of the office of internal affairs. (c) The office of internal affairs has original departmental jurisdiction over complaints involving commission personnel. (d) The office of internal affairs staff shall coordinate and be the central reporting point for all employee investigations. The staff may initiate investigations of complaints; however, the staff must obtain the approval of the appropriate division director or higher-level executive management to investigate an employee when no complaint has been made. (e) At least once each month, the head of the office of internal affairs shall report to the administrator information about the nature and status of each complaint investigated by the office of internal affairs. (f) The head of the office of internal affairs shall submit a quarterly report to the members of the commission. The report must contain a summary of information relating to investigations conducted under this section, including an analysis of the number, type, and outcome of investigations, trends in the investigations, and recommendations to avoid future complaints. (g) The commission shall inform the public about how to file a complaint against an employee of the commission and the steps the agency takes to address complaints against employees. Added by Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 15, eff. September 1, 2007. Sec. 5.59. USE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure That the public is able to interact with the commission on the Internet. Added by Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 15, eff. September 1, 2007. Sec. 5.60. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and (2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction. (b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. (c) The commission shall designate a trained person to: (1) coordinate the implementation of the policy adopted under Subsection (a); (2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and (3) collect data concerning the effectiveness of those procedures, as implemented by the commission. Added by Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 15, eff. September 1, 2007. Sec. 5.61. REPORT TO LEGISLATURE ON CERTAIN ENFORCEMENT EFFORTS. (a) Not later than October 31 of each even-numbered year, the commission shall report to the legislature on the commission's enforcement efforts concerning alcohol sales and consumption during prohibited hours. (b) The report must specify the number of individuals or establishments found to be: (1) engaging in an activity for which a permit or license is required by this code without the required permit or license; (2) selling, serving, or offering for sale an alcoholic beverage during prohibited hours in violation of Chapter 105 or Section 11.61(b)(23), 32.17(a)(7), or 61.71(a)(7); (3) consuming or permitting consumption of an alcoholic beverage on a permitted or licensed premises during prohibited hours in violation of Chapter 105 or Section 11.61(b)(22), 32.17(a)(7), or 61.71(a)(18); or (4) violating Section 11.61(b)(2), 32.17(a)(2), 32.17(a)(3), 61.71(a)(14), or 101.04 by: (A) refusing to allow entry to a permitted or licensed premises by an inspector, investigator, or law enforcement official; (B) refusing to furnish information to an inspector, investigator, or law enforcement official; or (C) interfering with or refusing to permit an inspection or investigation being conducted by an inspector, investigator, or law enforcement official. (c) The commission shall report the information required by Subsection (b) on a statewide basis and for each region and major metropolitan area. Added by Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 15, eff. September 1, 2007. |
| ALCOHOLIC BEVERAGE CODE TITLE 2. ADMINISTRATION OF CODE |
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