(a) This section relates to Alcoholic Beverage Code
§11.61(b)(21) and §61.71(a)(31).
(b) Except as provided in this subsection, a permittee
or licensee shall report to the commission a breach of the peace on
a licensed premises as soon as possible, but not later than five calendar
days after the incident. If a shooting, stabbing or murder, or an
incident involving serious bodily injury, occurs on the licensed premises,
the permittee or licensee shall report the breach of the peace not
later than 24 hours from the time of the incident.
(c) Unless the report is required to be made in a specific
manner pursuant to subsection (d) of this section, the report required
by this section shall be made:
  (1) in person at any commission office;
  (2) by facsimile transmission to the appropriate commission
office;
  (3) through the commission's website; or
  (4) by e-mail to "breachofpeace@tabc.state.tx.us".
(d) The administrator or administrator's designee may
require, in writing, that a permittee or licensee make any reports
required by this section in a specific manner as instructed, if the
permittee or licensee has previously violated Alcoholic Beverage Code
§11.61(b)(21) or §61.71(a)(31).
(e) At a minimum, the report required by this section
shall include the information required in paragraphs (1) - (9) of
this subsection, but may include other information the person making
the report wishes to include:
  (1) the date and time of the report;
  (2) the date and time of the incident being reported;
  (3) the trade name of the licensed premises where the
incident occurred;
  (4) the name and physical location of the licensed
premises where the incident occurred, including the city (if applicable)
and county;
  (5) the name of the person filing the report, that
person's relationship to the holder of the permit or license, and
contact information for that person;
  (6) if different from the information given in response
to paragraph (5) of this subsection, the name of the person designated
by the holder of the permit or license to answer questions from the
commission about the incident, that person's relationship to the permit
or license holder, and contact information for that person;
  (7) a brief description of the incident;
  (8) the name of all law enforcement agencies who were
called or otherwise appeared in connection with the incident, and
the names of the officers involved (if known); and
  (9) the names and contact information of any witnesses
to the incident (if known).
(f) For purposes of subsection (b) of this section
and subject to the provisions of subsection (g) of this section, a
reportable "breach of the peace" occurs when law enforcement or emergency
medical services personnel respond to the licensed premises, or when
a disturbance is created on the licensed premises by a person:
  (1) shooting, stabbing or murdering a person;
  (2) causing bodily injury to another person;
  (3) threatening another person with a weapon;
  (4) discharging a firearm on the licensed premises;
or
  (5) destroying the permittee's or licensee's property,
if the incident is reported by the permittee or licensee to a law
enforcement agency.
(g) For purposes of this section:
  (1) conduct identified in subsection (f) of this section
(other than a shooting, stabbing or murder, or an incident involving
serious bodily injury) creates a "disturbance", and therefore is
a reportable breach of the peace, when it:
    (A) occurs at a time when the permittee or licensee,
or any person allowed by the permittee or licensee, is on the licensed
premises; and
    (B) interferes with, interrupts, or intrudes upon the
operation or management of the licensed premises;
  (2) a shooting, stabbing or murder, or an incident
involving serious bodily injury, on the licensed premises is always
a "disturbance", and therefore is always a reportable breach of the
peace;
  (3) a "licensed premises" is as defined in Alcoholic
Beverage Code §11.49;
  (4) a "permittee" is as defined in Alcoholic Beverage
Code §1.04(11); and
  (5) a "licensee" is as defined in Alcoholic Beverage
Code §1.04(16).
(h) A permittee or licensee may not be held administratively
liable for failing to file a report or failing to file a timely report
under this section if the permittee or licensee can demonstrate that
he had no knowledge, nor in the exercise of reasonable care should
have had knowledge, of the alleged breach of peace on the licensed
premises.


Source Note: The provisions of this §35.32 adopted to be effective August 21, 2011, 36 TexReg 5206