SECTION 50.32. Alcohol Delivery Driver Training Program

(a) The commission shall develop and offer to the public an alcohol delivery driver training program. A person who completes the program will be granted a delivery driver certificate valid for two years from the date of completion of the training program.

(b) The commission may combine the alcohol delivery driver training program with other certifications offered by the commission.

(c) In accordance with Alcoholic Beverage Code §57.08(c), it is a rebuttable presumption that a sale or delivery of an alcoholic beverage to a minor or an intoxicated person was not made with criminal negligence if the delivery driver:

(1) at the time of the delivery held a valid certification from the commission's alcohol delivery driver training program; and

(2) completed the delivery as a result of a technical malfunction of an alcohol delivery compliance software application that otherwise meets the requirements established by the commission.

(d) The commission may suspend or revoke an alcohol delivery driver's certificate for failure to pay the fee for the certification training program, and if the driver:

(1) is determined to be less than 21 years of age;

(2) does not hold a current, valid driver's license;

(3) is charged with a crime; or

(4) violates any statute or rule under the commission's jurisdiction.

Source Note: The provisions of this §50.32 adopted to be effective April 14, 2020, 45 TexReg 2410