1. (a) The mandatory curriculum is created by and updated by the commission or under a work-for-hire contract. Each certified school is provided with information and security access to the commission's secure portal when an original certificate or renewal is issued. Schools that are unable to access or download the mandatory curriculum must submit a written request to have the curriculum provided in an alternate format. The commission will not provide paper copies of the mandatory curriculum.
2. (b) The commission claims a copyright in the mandatory curriculum. The mandatory curriculum may not be sold and may not be used in whole or in part without including the commission's claim of copyright.

3. (c) Each certified school is granted access and specific rights of use to the mandatory curriculum and all updates as part of the school licensing fee.

   1. (1) The copyright license provides unlimited use of the mandatory curriculum for authorized purposes only.
   2. (2) The commission's claim of copyright must be included in all written and visual materials from the mandatory curriculum.
   3. (3) Any sale or use of the mandatory curriculum for unauthorized purposes is a violation of this chapter.
4. (d) Upon receiving notice from the commission of a change to the mandatory curriculum, a school has thirty calendar days to implement the change.

5. (e) These topics in the mandatory curriculum must be included in the course of instruction offered by each school.

   1. (1) The definition of intoxication.
   2. (2) The law pertaining to intoxicated persons.
   3. (3) The law pertaining to minors.
   4. (4) The law pertaining to proper identification.
   5. (5) How to detect intoxication.
   6. (6) How to detect minors.
   7. (7) How to detect improper identification.
   8. (8) How to monitor customer behavior.
   9. (9) How to use a chart showing the effects of alcohol based on: the size, type and number of drinks; body weight; the sex of the drinker; and the passage of time.
   10. (10) The dangers of alcohol poisoning.
   11. (11) Intervention pertaining to intoxication.
   12. (12) Intervention pertaining to minors.
   13. (13) Sanctions for employee violations.
   14. (14) Any other topics identified by the commission as appropriate, giving due consideration to developments in the law, society, and the alcoholic beverage industry.
6. (f) In developing the original mandatory curriculum pursuant to subsection (a) of this section, the commission will conduct work group meetings with members representing a cross-section of interested parties. After receiving input from the work group, the staff of the commission will present its recommended mandatory curriculum to the commissioners at an open meeting. After the original mandatory curriculum is developed, the commission will review it after every session of the legislature to determine if changes are required. If changes to the curriculum are required simply to update it to reflect legislative changes, the commission will make such changes and post notice in the Texas Register and on the commission's website that such changes have been made. If the commission wants to make other changes to the curriculum, it will publish notice of such intent in the Texas Register and on the commission's website.

Source Note:The provisions of this §50.3 adopted to be effective January 1, 2011, 35 TexReg 7054.