(a) This section relates to Alcoholic Beverage Code §§11.61(b)(21), 22.12, 24.11, 25.04(b), 26.03(b), 28.11, 32.24, 61.71(a)(30), 69.13, and 71.09.

(b) Except as provided in this subsection, a licensee or permittee shall report to the commission a breach of the peace on a licensed premises as defined by §11.49 of the Code. The licensee or permittee shall make the report as soon as possible, but not later than five calendar days after the incident. If the incident is a shooting, stabbing or murder, or an incident involving serious bodily injury, the licensee or permittee 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) through the commission's website;

(3) by e-mail to breachofpeace@tabc.texas.gov; or

(4) through the commission's internet-based reporting system.

(d) The executive director or the executive director's designee may require, in writing, that a licensee or permittee make any reports required by this section in a specific manner as instructed, if the licensee or permittee has previously violated Alcoholic Beverage Code §11.61(b)(21) or §61.71(a)(30).

(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 license or permit, 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 license or permit to answer questions from the commission about the incident, that person's relationship to the license or permit 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 premises under the control of a license or permit holder, or when a disturbance is created by a person on the licensed premises or on premises under the control of a license or permit holder and the incident involves:

(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 licensee's or permittee's property, if the incident is reported by the licensee or permittee 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 licensee or permittee, or any person allowed by the licensee or permittee, 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 license or permit holder may not be held administratively liable for failing to file a report or failing to file a timely report under this section if it can demonstrate that it had no knowledge, nor in the exercise of reasonable care should have had knowledge, of the alleged breach of peace on the licensed premises.

(i) A license or permit holder may not be held administratively liable for failing to file a report or failing to file a timely report under this section if the alleged breach of the peace:

(1) did not occur on the license or permit holder's licensed premises; and

(2) occurred at a time that the license or permit holder's licensed premises was closed to the public.

Source Note: The provisions of this §35.1 adopted to be effective February 13, 2023, 48 TexReg 660