Texas Administrative Code

(a) This section relates to any license or permit. The purpose of this section is to clarify the certification process in subsection (b) of this section and distinguish it from the application process described in subsections (c) and (d) of this section. (b) Before filing an appl…

(a) This section relates to Alcoholic Beverage Code §§ 11.46 , 25.06 , 61.42 , 61.43 , 69.06 , and 109.532 . (b) In determining whether an applicant is not qualified or is unsuitable to hold a permit or license under Alcoholic Beverage Code § 109.532(b)(1) , or whether an applica…

(a) This section applies only to conduct surety bonds required by Alcoholic Beverage Code §§ 11.11 and 61.13 . (b) A conduct surety bond, assignment of certificate of deposit, savings account, or letter of credit must cover the minimum time required for the applicant to qualify f…

(a) This section applies to performance bonds, which are the bonds required by Alcoholic Beverage Code § 11.61(b-1) and § 61.71(l) . (b) The first performance bond filed by a licensee or permittee with the commission as prescribed under § 11.61(b-1) and § 61.71(l) of the Alcoholi…

(a) This section is promulgated pursuant to Alcoholic Beverage Code § 5.31 , relating to General Powers and Duties, §204.01(g), relating to Bond Required, and §204.07, relating to Waiver of Bond Requirement. (b) This section applies only to bonds required by §63.03 and Chapter 20…

(a) In the event that a valid protest results in referral for hearing under Alcoholic Beverage Code § 11.43(f) and that the executive director subsequently identifies at least one legal ground to deny the application, the executive director shall request that the application be r…

For the purposes of Alcoholic Beverage Code, § 102.06 , "a person who has a financial interest in a package store permit or wine only package store permit" shall mean one who holds an ownership interest in the business, or assets thereof, of a package store or wine only package s…

(a) If the executive director recommends denial of an application for a license or permit, notice of the recommendation shall be transmitted to the applicant by the commission. (b) An applicant may request an administrative hearing on the executive director's denial recommendatio…

(a) This section applies to the application review process in Alcoholic Beverage Code §§ 11.43(h) and 61.31(b) . (b) Except as provided by subsection (c) of this section, the executive director shall place all proposals for decision issued by an administrative law judge under Alc…

(a) A protest of a license or permit application must be: (1) filed by a person or persons with legal standing to contest the issuance or renewal of the license or permit under Alcoholic Beverage Code §§ 11.431 , 11.432 , 61.313 , or 61.314 ; (2) timely filed according to subsect…

(a) To qualify to use a File and Use Notification, the notification must include: (1) all information requested by the commission; and (2) a sworn statement that: (A) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000; (B) …

(a) A Nonprofit Entity Temporary Event Permit shall only be issued to a nonprofit entity as defined by Alcoholic Beverage Code § 30.01 . (b) An application for a Nonprofit Entity Temporary Event Permit shall be made on forms provided by the commission and shall be signed and swor…

(a) This section applies to the use of alcoholic beverages at fundraising events held by or benefitting charitable, religious, political, and civic organizations. (b) An organization may provide free alcoholic beverages at an event under this section without first obtaining a tem…

(a) The holder of a mixed beverage permit may hold an event at a temporary location subject to all rules applicable to the mixed beverage permit. (b) An event under this section may be authorized by a File and Use Notification if it meets the requirements of 16 TAC § 33.71 (a) of…

For a renewal application, failure to submit any requested information, corrections, forms, or fees within fourteen days of demand will constitute non-compliance with Alcoholic Beverage Code § 6.04 and this rule, resulting in the expiration of the license or permit due to the ins…

(a) A person who has legal capacity but is physically unable to sign or make a mark may be assisted by a disinterested witness. For forms which require notarization, the notary attesting to the signature should make a statement on the document that assistance was requested and sh…

Any selection of a plan for payment of a death claim in favor of a minor child who has not had the disabilities of minority removed must be made by the guardian of the estate of the child, by a person authorized in a court order, or as otherwise provided by the law. Notes 34 Tex.…

(a) Retirement plan transactions on behalf of a minor child who has not had the disabilities of minority removed must be directed by the guardian of the estate of the child, by a person authorized in a court order, or as otherwise provided by the law. (b) Retirement plan transact…

Any selection of a plan for payment of a death claim for a person who is legally incapacitated must be made by the guardian of the estate of the incapacitated person or as otherwise provided by the law. Notes 34 Tex. Admin. Code § 33.3 The provisions of this §33.3 adopted to be e…

Any selection of a retirement plan for a person who is legally incapacitated must be made by the guardian of the estate of the incapacitated person or as otherwise provided by the law. Notes 34 Tex. Admin. Code § 33.4 The provisions of this §33.4 adopted to be effective January 1…

Any designation of beneficiary for any purpose on behalf of a person who is legally incapacitated must be approved or authorized by a court of competent jurisdiction or as otherwise provided by the law. Notes 34 Tex. Admin. Code § 33.5 The provisions of this §33.5 adopted to be e…

(a) Teacher Retirement System of Texas (TRS) acknowledges the authority of an attorney in fact under a power of attorney that is durable and meets the requirements of the laws and rules in effect at the time the power of attorney was executed. (b) A power of attorney is considere…

(a) Does this section apply to me? This section applies if you applied for a new money transmission or currency exchange license under Finance Code, Chapter 152, and you believe that the department failed to comply with the application processing times specified in Finance Code, …

(a) For purposes of this section, the terms "debt management service" and "provider" have the meanings assigned by Texas Finance Code § 394.202 . (b) A debt management service provider who, in the course of conducting its debt management services, receives money from consumers fo…

(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code. (b) An administrative penalty for a violation may be in an amount not to ex…

(a) Does this section apply to me? This section applies to you if you hold a money transmission license issued by the department under Finance Code, Chapter 152, or are the authorized delegate of a license holder, as applicable. (b) What are the general recordkeeping requirements…

(a) Does this section apply to me? This section applies if you hold a license issued by the department under Finance Code, Chapter 152, or are the authorized delegate of a license holder, as applicable, and you conduct currency exchange transactions. (b) Must I issue a receipt in…

(a) Does this section apply to me? This section applies if you hold a license issued by the department under Finance Code, Chapter 152, or are the authorized delegate of a license holder, as applicable, and you conduct currency exchange transactions. (b) What are the general reco…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) "Cybersecurity incident" means any observed occurrence in an information system, whether maintained by you or by an af…

(a) Does this section apply to me? This section applies if you hold a money transmission or currency exchange license issued under Finance Code, Chapter 152, or are an applicant for a new money transmission or currency exchange license, as applicable. This section also applies if…

(a) Does this section apply to me? (1) This section applies if you are a retailer, wholesaler, or service provider and in the ordinary course of business: (A) accept the currency of a foreign country or government as payment for your goods or services; (B) in connection with the …

(a) Does this section apply to me? This section applies if you hold a money transmission or currency exchange license issued by the department under Finance Code, Chapter 152. (b) Definitions. Words used in this section that are defined in Finance Code, Chapter 152, have the same…

(a) In addition to the complaint notice required by § 33.51 (f) of this title, an authorized delegate of a money transmission license holder appointed in accordance with Texas Finance Code, Chapter 152, Subchapter F, must provide each of its Texas customers with notice that: (1) …

(a) This rule applies to conduct surety bonds, performance bonds, excise tax bonds, and bonds for alternating brewery proprietorships and contract brewing arrangements ("bonds"). (b) Submission of Bond with Application. (1) When required by the Alcoholic Beverage Code to submit a…

(a) The purpose of this rule is to enumerate conditions which the commissioner may consider to determine whether a provider or facility is financially unsound and which may be a basis for the commissioner to initiate an action against a facility or provider under the Health and S…

An emergency or temporary order concerning a consolidated permit shall be issued under Chapter 35 of this title (relating to Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions). Notes 30 Tex. Admin. Code § 33.31 The provisions of th…

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Texas Continuing Care Facility Disclosure and Rehabilitation Act, Health and Safety Code, Chapter 246. (2) Actuarial funded status--…

Each year, the State Board of Education (SBOE) shall determine whether a distribution to the Available School Fund (ASF) shall be made for the current state fiscal year. The SBOE shall determine whether such distribution is permitted under the Texas Constitution, Article VII, §5(…

(a) In this section, "charter district," "combination issue," and "refunding issue," have the meanings assigned to those terms by § 33.67 of this title (relating to Bond Guarantee Program for Charter Schools). (b) The following provisions apply to charter district bonds guarantee…

(a) Definitions. As used in this section, the following terms have the meanings ascribed to such terms below. (1) Agency means the Texas Education Agency and any successors or assigns thereto with respect to the management and administration of the Program or the investment of th…

(a) Statutory provision. The commissioner of education must administer the guarantee program for open-enrollment charter school bonds according to the provisions of Texas Education Code (TEC), Chapter 45, Subchapter C. (b) Definitions. The following definitions apply to the guara…

(a) Statutory provision. The commissioner of education must administer the guarantee program for school district bonds according to the provisions of Texas Education Code (TEC), Chapter 45, Subchapter C. (b) Definitions. The following definitions apply to the guarantee program fo…

(a) The Texas Constitution, Article VII, §§1-8, establish the Available School Fund, the Texas Permanent School Fund (PSF), and the State Board of Education (SBOE) and specify the standard of care SBOE members must exercise in managing PSF assets. In addition, the constitution di…

Terms of directors. Any State Board of Education (SBOE) member who is appointed to the Texas Permanent School Fund (PSF) Corporation board of directors pursuant to SBOE policy under Texas Education Code, § 43.053(a)(1) , shall cease to be a Texas PSF Corporation director upon the…

(a) When used in this chapter: (1) the word "days" refers to calendar days, unless otherwise specified; and (2) a "business day" is any day that is not a Saturday, a Sunday, a state or federal holiday (unless the commission is required to be open for business), or a standard Fede…

(a) This section relates to Alcoholic Beverage Code § 5.50 . (b) Each applicant for a license, permit, or certificate issued by the commission shall submit with the application the fee for that license, permit, or certificate that is listed in Fig. 33.23(b). Attached Graphic (c) …

(a) The term of an emergency order issued under this subchapter shall not exceed 90 days. (b) The term of an emergency order is not tolled and the order suspending the permit or license remains in effect during any contested case proceeding against the permit or license holder. N…