TABC to hold virtual Stakeholder Meeting on Aug. 6

After reviewing our rules pursuant to Texas Government Code § 2001.039 and receiving recommendations in a Regulatory Efficiency Review conducted by the Texas Regulatory Efficiency Office (TREO), TABC has drafted the following rule revisions to simplify, streamline, and clarify various processes and requirements.

• Item 1. Chapter 31. Administration.
  • Revisions to Rule 31.2 relating to the procedure for assigning agency vehicles.
  • Revisions to Rule 31.3 relating to rulemaking petitions.
  • Repeal of Rules 31.5-.9.
• Item 2. Chapter 33. Licensing.
  • Revisions to Rule 33.5 relating to Food and Beverage Certificate reporting requirements for complimentary drinks.
  • Revisions to Rule 33.40 relating to the requirements for financial institutions issuing bonds, certificates of deposit, or letters of credit.
  • Revisions to Rules 33.41-.42 relating to written warnings and bond forfeiture.
• Item 3. Chapter 34. Schedule of Sanctions and Penalties.
  • Revisions to Rules 34.1-.4 relating to the procedure for written warnings; using aggravating or mitigating circumstances in penalty determinations; reorganizing the penalty chart for health, safety, and welfare violations; definitions of "reasonable care" and "reasonable steps" for place or manner violations; and civil penalty payments in emergency order suspensions. In relation to § 34.2, TREO has recommended that the chart in subsection (e) be updated "to group similar violation categories for improved clarity." TABC requests stakeholder input on potential changes to the chart to carry out TREO's recommendation.
  • Revisions to Rule 34.10 relating to the periodic review of the agency's Penalty Policy and reorganizing the penalty chart for regulatory violations. TREO has recommended that the chart in subsection (g) be updated to consolidate violation categories into broader groupings. TABC requests stakeholder input on potential changes to the chart to carry out TREO's recommendation.
  • Revisions to Rule 34.20 relating to restrained cases; including the allotted time to provide compliance records, storing records in an electronic format, standards for indirect encouragement of a violation, and the creation of a model policy.
• Item 4. Chapter 35. Enforcement.
  • Revisions to Rule 35.3 relating to the terminology used in the agency's performance measures.
  • Revisions to Rule 35.7 relating to definitions for "reasonable care" and "reasonable steps."
• Item 5. Chapter 37. Legal.
• Item 6. Chapter 39. Port of Entry.
  • Revisions to Rule 39.1 relating to personal importation taxes and fees.
  • Repeal of Rule 39.2.
  • Repeal of Rule 39.4.
• Item 7. Chapter 41. Auditing.
  • Revisions to Rule 41.12 relating to written warnings for compliance reports.
• Item 8. Chapter 45. Marketing Practices.
  • Revisions to Rule 45.121 relating to advertising restrictions and the various communication mediums.
• Item 9. Chapter 50. Alcoholic Beverage Seller Server and Delivery Driver Training.
  • Revisions to Rule 50.17 relating to criminal background checks, minimum security measures, reporting certain domain changes, and required disclosures to students.
  • Revisions to Rule 50.20 relating to application consolidation, background checks, correcting application deficiencies, expediting branch applications, and the electronic submission of application materials.

It is TABC's intent to place these draft rules on a commission meeting agenda this year so TABC's commissioners can vote on whether to formally propose the rules and publish them in the Texas Register for public comment. After the rules are published in the Register and a 30-day formal comment period has lapsed, TABC's commissioners may vote on whether to adopt the proposed rules at a subsequent commission meeting.