RESPONSIBILITY OF HOLDER OF CONSUMER DELIVERY PERMIT

(a) The actions of a delivery driver acting on behalf of a holder of a consumer delivery permit are not attributable to a 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) has a valid certification from the training program adopted under Section 57.09(a)(1); or (2) completed the delivery using an alcohol delivery compliance software application that meets the requirements established under Section 57.09(a)(2). (b) Notwithstanding Subsection (a), if it is found, after notice and hearing, that the permittee, an agent or employee of the permittee, or a person acting on behalf of the permittee delivered with criminal negligence an alcoholic beverage to a minor or an intoxicated person, the commission or administrator may: (1) suspend the permit for not more than 90 days for the first violation; (2) suspend the permit for not more than six months for the second violation; and (3) suspend the permit for not more than 12 months for a third violation within a period of 36 consecutive months. (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 training program adopted under Section 57.09(a)(1); 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 under Section 57.09(a)(2).