Tex. Alcoh. Bev. Code Section 5.362
Schedule of Sanctions

(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.

(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 (Alternatives to Suspension, Cancellation).

(c)

In determining the appropriate sanction for a violation under the schedule, the commission or administrator shall consider:

(1)

the type of license or permit held by the person who committed the violation;

(2)

the type of violation;

(3)

any aggravating or ameliorating circumstances concerning the violation; and

(4)

the license or permit holder’s previous violations of this code.

(d)

The schedule must:

(1)

allow deviations from the schedule for clearly established mitigating circumstances, including circumstances listed in Section 11.64 (Alternatives to Suspension, Cancellation)(c), or aggravating circumstances; and

(2)

include a list of the most common violations by members of the manufacturing, wholesaling, and retailing tiers of the alcoholic beverage industry and the sanctions assessed for those violations.

(e)

The commission shall develop policies to guide commission staff in determining the circumstances when it is appropriate to deviate from the schedule of sanctions. The policies must identify the circumstances when approval is required in order to deviate from the schedule.

(f)

The commission shall make the schedule of sanctions available to the public, including by posting the schedule 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.

Source: Section 5.362 — Schedule of Sanctions, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­5.­htm#5.­362 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 5.362’s source at texas​.gov