(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.
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