1. (a) Application for program approval shall be made by the person, corporation or other entity who will administer and supervise the actual teaching of the program to Texas sellers and servers. The commission specifically finds that the training entity or school is an inseparable part of the seller training program. The integrity and ability of the people directly engaged in the administration, supervision and training of the curriculum to seller trainees are an integral part of the program contemplated by the Texas Alcoholic Beverage Code, §106.14. Therefore, a curriculum, alone, is not eligible for approval.
2. (b) Application for approval shall be made on forms provided by the commission.
3. (c) No licensee or permittee, or his spouse, agent, servant, or employee, or any subsidiary or affiliate, may directly or indirectly conduct, sponsor, or support a seller training program approved under this chapter except as provided in the Texas Alcoholic Beverage Code, §106.14(c) and (d).
4. (d) A licensee or permittee may be a member of an advisory board, but not the governing board of a nonprofit agency which sponsors a seller training program.

5. (e) A bona fide state trade association qualified under this section may train personnel of its own regular membership and non-members of the same level of the alcoholic beverage industry. For the purposes of this subsection, package stores which hold local distributor's permits, and private clubs, shall be considered to be retailers. State retail trade associations may also train individual members of the general public. To qualify under this subsection a trade association must:

   1. (1) be a statewide organization with members in at least ten Texas counties;
   2. (2) have been in existence as a statewide organization for at least 20 years;
   3. (3) not be an organization primarily composed of members of a particular retail chain.
6. (f) Persons engaged in the manufacturing or wholesaling of alcoholic beverages for national distribution may contribute to the development of a curriculum of seller training being developed for national use; provided, that any such contribution or involvement shall not be directly or indirectly tied to the actual offering of training to employees of any retailer, group of retailers, or the general public. Such involvement by an alcoholic beverage manufacturer shall be in a primarily noncommercial manner consistent with the spirit and intent of the provisions of the Texas Alcoholic Beverage Code and the rules of the commission prohibiting the tied-house and prohibiting the furnishing of things of value to a retailer of alcoholic beverages.
7. (g) No licensee, permittee, or other person engaged in the manufacturing or wholesaling level of the alcoholic beverage industry, or any agent, servant, or employee of any of those, may directly or indirectly conduct or sponsor a seller training program for retail level employees or members of the general public.
8. (h) Each application shall be accompanied by a full and complete copy of the curriculum, including a copy of all materials to be used therewith, including workbooks, videos, and examinations. The curriculum and other materials shall be indexed and labeled in detail to indicate the location of all of the requirements for program approval specified in this chapter. The amount of time allocated to cover each segment of the curriculum shall be specified with a minimum of 200 minutes of instruction required. Programs utilizing a different format from lecturing will be evaluated case by case. Each application shall also be accompanied by a trainer development program which includes a minimum of eight hours of study time, eight hours of observation and eight hours of practice teaching in front of an audience. The initial trainer for a school-program may substitute the eight hours of observation for an additional eight hours of practice teaching (with or without a live audience).

9. (i) The program shall include:

   1. (1) §50.2(a)(2) of this title (relating to the Definition of Intoxication);
   2. (2) the law pertaining to intoxicated persons. Each approved seller training program shall review and explain all provisions of the Texas Alcoholic Beverage Code pertaining to intoxicated persons and provisions of the Texas Penal Code pertaining to public intoxication and shall include a discussion of any significant court decisions or opinions of the attorney general of Texas which the administrator may from time to time determine to be appropriate;
   3. (3) the law pertaining to minors. Each approved seller training program shall review and explain all provisions of the Texas Alcoholic Beverage Code relating to the sale or service of alcoholic beverages to minors, the provisions of the code relating to purchase, possession or consumption of alcoholic beverages by minors and the provisions of the code relating to a person making alcoholic beverages available to a minor or permitting a minor to possess or consume alcoholic beverages and shall include a discussion of any significant court decisions or opinions of the attorney general of Texas which the administrator may from time to time determine to be appropriate;
   4. (4) the law pertaining to proper identification. Each approved seller training program shall review and explain the Texas laws pertaining to false, counterfeit, or deceptively similar identification documents including, specifically, the Texas Traffic Laws, Driver's License, Texas Civil Statutes, Article 6687b, Article II, §11(a) and §14A(a); Article IV, §32(a), §32A(a) and (b), and 33(a); and Article VI, §44A(a), and shall include a discussion of any significant court decisions or opinions of the attorney general of Texas which the administrator may from time to time determine to be appropriate;

   5. (5) detection of intoxication.

      1. (A) Each approved seller training program shall explain how to detect possible intoxication. It shall describe the common indicators including, but not limited to, slurred speech, mental confusion, impaired balance, impaired motor ability, bloodshot eyes, the smell of alcoholic beverages on the breath, dishevelment, nausea and signs of lost control of bladder or bowels. The program shall note that an intoxicated person may sometimes display none of the common indicators. It shall describe ways to detect an atypical intoxicated person through methods such as drink counting, conversations calculated to reveal emotional stability or common indicators which might not otherwise be manifest.
      2. (B) Students shall be made aware that serious illness can masquerade as intoxication. All students shall be instructed to recognize bracelet and necklace emblems of the Medic Alert Foundation and the significance of such identification;

   6. (6) monitoring customer behavior.

      1. (A) Each approved seller training program shall describe techniques for monitoring customer behavior for the purpose of implementing timely intervention pursuant to paragraphs (10) and (11) of this subsection (relating to Intervention Pertaining to Minors; and Intervention Pertaining to Intoxication). It shall describe methods to obtain appropriate information in a commercially acceptable manner, including:

         1. (i) observing customer response during any conversations with the seller;
         2. (ii) observing customer interaction with third parties;
         3. (iii) observing the customer's initial mood and general conduct; and
         4. (iv) observing any change in any of the customer behavior previously mentioned.

      2. (B) Each program shall describe and explain typical warning signs that customer behavior may be degenerating toward illegal behavior. Such warning signs shall include:

         1. (i) the development of any indicator of intoxication other than the smell of alcoholic beverages on the breath;
         2. (ii) any continuing argument or physical confrontation with any person;
         3. (iii) any rapid or pronounced change in mood or emotional state such as excessive euphoria, sadness, confusion, excitability or aggressiveness.

   7. (7) physiology.

      1. (A) Each approved seller training program shall include a basic explanation of how the human body reacts to the ingestion of beverage alcohol. It shall use simple language and concepts. It shall explain the effect of variables including body weight and type, gender, muscle/fat ratios, type and timing of food consumption, fatigue, and common diseases or disorders. It shall explain how alcohol can interact with many types of medicines and other drugs.
      2. (B) Each program shall include a basic discussion of alcoholism as a disease and the addictive property of alcohol.
      3. (C) Each program shall describe the Know Your Limits Chart developed by the Distilled Spirits Council of the United States, Inc., or a similar chart, and provide a copy of the chart.

   8. (8) detection of minors.

      1. (A) Each approved seller training program shall explain techniques for determining if a customer is a minor. It shall explain the common signs of underage status including lack of physical maturity. It shall stress that most minors are mature in physical appearance before the age of majority, and that signs of physical maturity are not a reliable guide.

      2. (B) Each program shall describe and explain conduct and mannerisms which might raise a suspicion of minority status. It shall include:

         1. (i) a discussion of current fads and fashions in clothing, accessories, and grooming among minors;
         2. (ii) a description, based upon authoritative sources, of behavior patterns characteristic of minors;

         3. (iii) an explanation of how to look for suspicious behavior such as:

            1. (I) a group of young-appearing persons pooling their money and giving it to the oldest-appearing member;
            2. (II) a youthful appearing person waiting in the background away from the point of purchase or service while an adult obtains more than one serving; and
            3. (III) prior observation that a particular adult has purchased for a youthful appearing person.

   9. (9) identification.

      1. (A) Each approved seller training program shall describe valid drivers licenses and identification certificates issued by the Texas Department of Public Safety.
      2. (B) Each approved seller training program shall explain how to detect invalid identification documents presented in an attempt to establish proof of adult status. This shall include counterfeit and altered official documents. It shall also include unofficial documents which are deceptively similar to official documents. Emphasis shall be placed on drivers licenses and identification cards issued by the state of Texas and other states. Each program shall describe the most common types of counterfeiting and alteration and shall describe warning signs such as erasures, cut-and-paste numerals, substandard or inconsistent graphics and substandard lamination.

   10. (10) intervention pertaining to minors.

       1. (A) Each approved seller training program shall describe and explain techniques of intervention to prevent or terminate illegal sale, service, possession, or consumption regarding a minor.

       2. (B) Such techniques shall include, when appropriate to the circumstances:

          1. (i) ask for and carefully examine an identification card;
          2. (ii) removal of the alcoholic beverages in a non-aggressive manner from the reach or sight of the offender;
          3. (iii) an explanation that the demeanor of the seller or server should never be such that is likely to provoke violence;
          4. (iv) an explanation of the obligation to notify law enforcement authorities in the event that intervention attempts fail;
          5. (v) specific examples of words and conduct which may be used in an attempt to avoid or terminate illegal activity amicably.

   11. (11) intervention pertaining to intoxication.

       1. (A) Each approved seller training program shall explain effective techniques of intervention with persons who are intoxicated or who appear to be becoming intoxicated. This part of the program is of considerable importance to the public peace and safety and shall therefore receive due emphasis. The program may take into account the fact that permittees, licensees, and their employees will generally desire to avoid alienating a customer whenever possible. Therefore, the program shall describe specific language and conduct of the seller or server which is calculated to terminate or avoid illegal behavior of the customer as amicably as possible.

       2. (B) Such techniques shall include, when appropriate to the circumstances:

          1. (i) an explanation that the demeanor of the seller or server should never be such that is likely to provide violence;
          2. (ii) removal of the alcoholic beverages in a non-aggressive manner from the reach or sight of the offender;
          3. (iii) specific examples of words and conduct which may be used in an attempt to avoid or terminate illegal activity amicably;
          4. (iv) an explanation of how to slow down service of alcoholic beverages;
          5. (v) a suggestion that food, snacks or alternative beverages be served and an explanation of the types of food most likely to slow or reduce intoxication.
       3. (C) The student shall be made aware that coffee and other caffeine-containing products do not reduce intoxication, but may misleadingly appear to do so.
       4. (D) The student shall be made aware of designated driver programs and shall be encouraged to provide such special services and courtesies to a designated driver as may be allowed by the student's employer.
       5. (E) The student shall be made aware of the obligation to notify law enforcement authorities in the event that intervention attempts fail.

   12. (12) additional program content.

       1. (A) The administrator is hereby delegated the authority to modify or add requirements for the content of approved seller training programs in addition to the requirements specified in this chapter.

       2. (B) Any approved seller training program may contain any additional material except material which the administrator finds under the circumstances tends to be:

          1. (i) a substantial detraction from the effectiveness of the minimum program requirements; or
          2. (ii) a substantial detriment to the health, safety, or welfare of the general public or any segment thereof.
       3. (C) Approved programs are encouraged to exceed the minimum requirements of program content and to develop new methods and techniques designed to fulfill the intent of the Texas Alcoholic Beverage Code, §106.14.
   13. (13) appropriate testing of trainees in a form and manner adequate to demonstrate the effectiveness of the training program shall be required.
10. (j) Each application for program approval shall be accompanied by a cashier's check, certified check or United States postal money order in the amount of $250.
11. (k) Programs found to be acceptable under this chapter shall be approved in writing by the administrator in such form as he may deem to be appropriate.
12. (l) Approval shall be valid for a period of three years unless earlier revoked.
13. (m) A person commits an offense under the Texas Alcoholic Beverage Code, §101.61, if he falsely represents to any person that a program has been approved by the commission or administrator, or misleads any person into believing that a program is approved by the commission or administrator when, in fact, it is not.
14. (n) The developer of a curriculum, or his authorized agent, may for marketing purposes in the normal course of business represent that the basic curriculum is part of an approved program, provided such representation is, in fact, truthful.

Source Note:The provisions of this §50.3 adopted to be effective August 2, 1994, 19 TexReg 5632.