| (a) This section does not apply to temporary members
or to hotel patrons, as described in Alcoholic Beverage Code §§32.09,
32.10, and 32.11.
(b) To qualify to hold a private club registration
permit, a private club must:
(1) have 50 or more members at all times;
(2) have a membership committee composed of three or
more members of the club and vested with authority by charter, bylaw
or regulation to approve or reject membership applications and terminate
existing memberships. The governing body of a club, if qualified under
this provision, may be the membership committee, and when functioning
as such is subject to and governed by all provisions herein relating
to the membership committee. When considering a membership application
or termination of membership, the membership committee shall keep
written minutes showing the meeting date, the names of all committee
members present, the name of any person admitted to membership, and
the name of any person whose membership was terminated. No minutes
are required of any discussion or action regarding a membership application
that is denied;
(3) have, other than charter members, no members except
those approved by at least three members of the membership committee
at a meeting of such a committee;
(4) keep a well-bound book in which is shown the following
about each member: the full name of the member, the member's initial
membership number which shall be issued in sequence, the current complete
address of such member, the date such member was admitted to membership,
and the date such member was removed from membership. When a member
has been removed from membership, the membership number may be reassigned
to another member. Additional well-bound books may be used if necessary
to record the information required by this paragraph, but all such
books shall be kept permanently by the club;
(5) keep all books, records, and minutes required herein
on the premises of the club, and make them available to any representative
of the commission upon reasonable notice; and
(6) maintain in force any bond required and executed
by the corporation as principal, if an incorporated club, or by an
officer of the club as principal, if an unincorporated club. Such
bond shall be executed by a surety company duly authorized and qualified
to do business in this state, as surety, in an amount required by
rule of the commission payable to the State of Texas conditioned that
all fees and taxes owed by such club to the State of Texas shall be
paid. Such bond shall be in a form approved by the executive director
and the attorney general of Texas.
(c) No membership shall be terminated except by action
of the membership committee or by written resignation of the member.
Resignation of any member shall be recorded immediately in the minute
book of the membership committee and in the records required by subsection
(b) of this section.
(d) The executive director may, after notice and hearing,
refuse to issue a private club registration permit if the executive
director finds that the applicant has failed to comply with any requirement
set forth in this subsection.
(e) As provided in the Alcoholic Beverage Code §32.01,
alcoholic beverages owned by members of a private club may only be
served to and consumed by a member, a member's family, or their guests.
(f) Permittees may access electronically readable information
on a driver's license, commercial driver's license, or identification
certificate for the purpose of verifying the accuracy of the records
required by this rule. Information so accessed may not be retained
longer than is reasonably necessary to ensure verification. The information
may not be marketed in any manner. Written consent must be obtained
from the club member or prospective member when accessing electronically
readable information and proof of such consent must be maintained
with the permittee's membership records.
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