Section 34.22 - Liability for Actions of Alcohol Delivery Drivers(a) These terms, when used in this rule, have the following meanings: (1) Delivery driver--any person engaged by a consumer delivery permit holder as an alcohol delivery driver including, but not limited to those hired directly, hired indirectly, paid, unpaid, or contracted, whether or not in a supervisory role.(2) Delivery driver training program--a commission-approved alcohol delivery driver certification program under chapter 50 of this title, established pursuant to Code §57.09.(b) A delivery driver shall not deliver an alcoholic beverage in violation of Chapter 57 of the Code.(c) The actions of a delivery driver acting on behalf of a holder of a consumer delivery permit are not attributable to the holder of a consumer delivery permit if the permit holder has not directly or indirectly encouraged the delivery driver to violate the law and the delivery driver:(1) at the time the delivery occurred, held a valid certification from a delivery driver training program; or(2) completed the delivery using an alcohol delivery compliance software application that meets the requirements established under Code §57.09.(d) The holder of a consumer delivery permit may establish a rebuttable presumption that it has not directly or indirectly encouraged the delivery driver to violate Chapter 57 of the Code by providing proof that:(1) each of the permit holder's delivery drivers engaged by the permit holder during the twenty-four months prior to the violation have actually attended a delivery driver training program and maintained alcohol delivery driver training certification for the entire duration of their engagement by the permit holder as a delivery driver;(2) prior to the violation, the permit holder adopted written policies and procedures designed to prevent, and that affirm a strong commitment by the permit holder to prohibit violations of Chapter 57 of the Alcoholic Beverage Code; and(3) all delivery drivers have read and understood such policies and procedures.(e) The consumer delivery permit holder is not entitled to the rebuttable presumption in subsection (d) of this section if the commission provides proof of violations of Chapter 57 of the Code on two or more prior occasions by any delivery driver making a delivery of alcohol on the permit holder's behalf in the twelve months preceding the current violation, or on three or more prior occasions by any delivery driver making a delivery of alcohol on the permit holder's behalf in the twenty-four months preceding the current violation.(f) Criminal Negligence.(1) Regardless of whether the permit holder has directly or indirectly encouraged the delivery driver to violate Code Chapter 57, the commission or executive director may suspend a consumer delivery permit as prescribed by Code §57.08 if, after notice and hearing, a court or administrative hearing officer finds that a delivery driver made a delivery on the permit holder's behalf with criminal negligence.(2) It is a rebuttable presumption that delivery of an alcoholic beverage to a minor or an intoxicated person was not made with criminal negligence if the delivery driver: (A) at the time of the delivery held a valid certification from a delivery driver training program; and(B) completed the delivery as a result of a technical malfunction of an alcohol delivery compliance software application that otherwise meets the requirements of § 50.33 of this title (relating to Alcohol Delivery Compliance Software Applications).16 Tex. Admin. Code § 34.22
Adopted by Texas Register, Volume 47, Number 22, June 3, 2022, TexReg 3242, eff. 6/6/2022