Texas Administrative Code

Following review of the application by the commissioner or the commissioner's designee, a hearing shall be held in accordance with the Government Code, Chapter 2001, Administrative Procedure Act, for the commissioner to make the determinations required under Health and Safety Cod…

If any of the items required under § 33.204 of this title (relating to Contents of Application) is determined to be insufficient by the department, the department shall notify the applicant and give 30 days from the date of notice to correct the deficiencies. If the deficiencies …

(a) The applicant shall submit an original and two copies of the items listed in paragraphs (1) - (19), as applicable. (1) CCRC Form #1 (Application for Certificate of Authority To Do Business in the State of Texas under the Act, §246.022); (2) CCRC Form #3 (Officers and Director…

(a) Persons or entities issued a temporary permit or authorization under this chapter must comply with all requirements of the Alcoholic Beverage Code and commission rules applicable to holders of primary retail-tier permits and licenses including, but not limited to, statutes re…

(a) A request for Temporary Event Approval or application for a Nonprofit Entity Temporary Event Permit filed under this subchapter must be filed at least ten business days prior to the event date to avoid a late filing fee. If the request or application is filed less than ten bu…

(a) All wine sold or possessed with the intention to sell at an event held in an area where the sale of that type of alcohol has not been authorized by a local option election must comply with the terms of § 16.011 of the Alcoholic Beverage Code. (b) A copy of the File and Use No…

(a) A File and Use Notification does not require prior approval of the commission and may be used only if: (1) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000; (2) the estimated attendance at the event is not more than 5…

(a) This subchapter relates to Chapters 14, 16, 25, 28, 30, 32, and 69 of the Alcoholic Beverage Code. (b) Except where otherwise specified, rules in this subchapter apply to all temporary events, including those requiring Temporary Event Approvals, Nonprofit Entity Temporary Eve…

(a) A protestant may withdraw their protest at any time prior to the commission's final decision. Withdrawal of a protest may not be subject to any conditions. (b) A withdrawal of a protest must be submitted in writing to the Texas Alcoholic Beverage Commission, ATTN: Licensing P…

Unless otherwise indicated, an application for a license or permit is subject to the rules in effect as of the date the application is received. Notes 16 Tex. Admin. Code § 33.53 Adopted by Texas Register, Volume 45, Number 41, October 9, 2020, TexReg 7241 , eff. 10/15/2020

The following terms have the following meanings when used in this subchapter: (1) "Commission" - the Texas Alcoholic Beverage Commission as an agency of the State of Texas, and not to the Commissioners, either individually or as a body. (2) "Complaint" - a written expression of c…

This subchapter implements and is authorized by Alcoholic Beverage Code §§ 11.43 through 11.432. Notes 16 Tex. Admin. Code § 33.50 Adopted by Texas Register, Volume 45, Number 41, October 9, 2020, TexReg 7241 , eff. 10/15/2020

(a) This rule relates to §§ 25.13 , 28.18 , 32.23 and 69.16 of the Texas Alcoholic Beverage Code. (b) The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise: (1) Entre--course of a meal that may in…

(a) This section relates to Alcoholic Beverage Code §§ 62.14 and 63.05 . (b) A bond in the amount of $30,000 must be posted with the commission by each applicant for or holder of a brewer's license or nonresident brewer's license that: (1) is a party to an alternating brewery pro…

(a) Excise Tax Bond Required. (1) Each holder of a general distributor's license, local distributor's permit, or branch distributor's license, and each holder of a brewer's license acting under the authority of Texas Alcoholic Beverage Code § 62.122 , who has not made, on or befo…

(a) This rule relates to § 5.31 and § 5.55 of the Alcoholic Beverage Code. (b) The commission will charge fees for online transactions in the amount authorized by the Texas Department of Information Resources for processing online transactions utilizing the Texas.Gov portal. (c) …

(a) Applications for licenses, permits and certificates shall be made by an applicant in such a manner as may be directed by the executive director. (b) Each application shall include all information required by the executive director to ensure compliance with all applicable stat…

There is no right to appeal to the commission an administrative law judge's determination affirming, modifying, or setting aside an emergency order issued under this subchapter. Notes 16 Tex. Admin. Code § 33.105 Adopted by Texas Register, Volume 45, Number 49, December 4, 2020, …

An emergency order issued under this subchapter shall contain at least the following: (1) the name and address of the license or permit holder and information sufficient to identify the premises affected by the order; (2) a brief statement of fact supporting the issuance of the o…

If an emergency order is issued without a hearing, the executive director or his designee shall set the time and place for a hearing to affirm, modify, or set aside the emergency order. The hearing shall be conducted by the State Office of Administrative Hearings and the decision…

(a) The provider shall keep all books and records in a form and manner to accurately reflect the condition of the provider. The books and records shall contain all of the facts essential to its effective operation. (b) The provider shall provide the department free access to all …

(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…

An applicant filing for a certificate of authority under Health and Safety Code § 246.022 must pay the department a nonrefundable filing fee of $10,000. No fee is required for a §33.102 application for authority for continuing care in residence. Notes 28 Tex. Admin. Code § 33.6 T…

A fiscal year is a period of 12 months ending on the last day of any month. The department will recognize a fiscal year only if it is established as the certificate-of-authority-holder's annual accounting period, and the books and records are kept corresponding to that period. Th…

The forms listed in this section are available on the department's website. The department adopts and incorporates by reference the forms listed in paragraphs (1) - (19) of this subsection, and their use is required, where applicable, for compliance with the provisions of this ch…

(a) All inquiries, correspondence, applications, and other filings under this chapter must be sent to the appropriate physical, mailing, or electronic address: (1) specified on the applicable department form being used; or (2) listed on the department website. (b) Notwithstanding…

(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…

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) 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…

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…

(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? 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) 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) The date on the cover page of a disclosure statement, filed pursuant to Health and Safety Code, § 246.041 , or a current annual disclosure statement, filed pursuant to Health and Safety Code, § 246.054 , shall coincide with the last day of the provider's fiscal year covered b…

(a) The purpose of this chapter is to implement the commission's authority under Texas Water Code, Chapter 5, Subchapter J, to conduct coordinated permit processing and issue one consolidated permit. (b) This chapter applies to any plant, facility, unit, or site that is required …

(a) If a plant, facility, unit, or site is required to have more than one permit issued by the commission, and the applications for all permits are filed within a 30-day period, the commission, on request of the applicant, shall conduct coordinated application reviews and one hea…

An applicant considering the submission of applications for coordinated reviews and one hearing, or for a consolidated permit, may request a pre-submittal conference to determine, at a minimum, the types of permits to be consolidated, timelines for the submission of applications,…

(a) An applicant shall notify the commission of the intent to request consolidated permit processing or a consolidated permit by submitting a letter of intent to the executive director. The letter of intent must contain at least the following: (1) the applicant's name; (2) the ap…

(a) The executive director may require separate processing of consolidated applications, or may return one or more applications, if the executive director determines: (1) that the applicant has submitted an incomplete application; or (2) if the applicant does not respond as reque…

(a) An applicant may request that consolidated applications be processed separately at any time before mailing or publishing any public notice of the opportunity to request a hearing. (b) Requests shall be filed with the executive director in a timely fashion and include at least…

The organization and physical makeup of the disclosure statement or any revisions thereof shall follow the format and instructions contained in CCRC Form #6 (Format for Disclosure Statement) and CCRC Form #6a (Instructions for Preparation of CCRC Disclosure Statement for Filing w…

(a) A provider may revise its disclosure statement at any time other than the annual disclosure statement filing time if, in the opinion of the provider, revision is necessary to prevent a disclosure statement from containing a material misstatement of fact or omitting a material…

(a) Each provider shall file a current disclosure statement annually beginning with a statement that covers the provider's most recent fiscal year. (b) Pursuant to Health and Safety Code, § 246.054 , each provider shall file an original and two copies of the current annual disclo…