Texas Administrative Code

(a) An individual may request a fair hearing for any action that affects the co-payment of the individual or that denies, reduces, or terminates benefits in accordance with 1 TAC Part 15, Chapter 357, Subchapter A. DADS does not continue services pending a hearing if a suspension…

(a) A provider, before providing services to an individual and on an annual basis, must: (1) inform the individual and representative of how to report allegations of abuse, neglect, or exploitation to DFPS and provide the individual with the DFPS Abuse Hotline toll-free telephone…

A provider must not use restraint or seclusion. Notes 40 Tex. Admin. Code § 44.310 Adopted by Texas Register, Volume 44, Number 37, September 13, 2019, TexReg 5110 , eff. 10/1/2019

Before providing services to an individual, a provider must educate and train the individual in: (1) rights and responsibilities of the individual; (2) skills for recruiting, selecting, instructing, supervising, and dismissing attendants, if desired by the individual; (3) procedu…

An applicant, individual, or the LAR or representative of an applicant or individual must: (1) obtain and submit a practitioner's statement to the assessor of need; (2) negotiate with the assessor of need at an assessment or reassessment to determine which allowable tasks in § 44…

(a) Purpose. This section implements §§ 102.32, 11.61(b)(2), 11.66, and 109.64 of the Texas Alcoholic Beverage Code (Code). (b) Definitions. For purposes of this section, the following terms have the definitions given in this subsection. (1) Alcoholic beverage--As used in this se…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Section 2155.003 of the Government Code applies to: (1) the chief clerk; and (2) an employee who exercises discretion in connection with a contract, payment, claim, or other pecuniary transaction under the comptroller's purchasing authority. (b) Under § 2155.003 of the Govern…

(a) The commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from the following diseases and agents of disease transmission: (1) Anthrax; (2) Avian infectious laryngotracheitis; (3) Avian influenza; (4) Babesiosis; (5) Brucellosis; (6) Chronic …

(a) No malt beverage may be shipped into the state or sold within the state without a certificate of product registration issued by the commission. (b) An applicant for a certificate under this section must hold a brewer's license, nonresident brewer's license, or brewpub license…

(a) General. This section is enacted pursuant to Alcoholic Beverage Code §§ 102.04 , 102.07 , 102.12 , 102.15 and 108.06 . (b) Unless otherwise specified, this section applies to members of the manufacturing and wholesale tiers for all alcoholic beverages. (c) Inducements. Notwit…

(a) General. (1) This rule is enacted pursuant to §102.20 and Chapter 105 of the Alcoholic Beverage Code. (2) This rule applies to members of the wholesale tier and those members of the manufacturing tier authorized to sell to retailers for all beverages. (b) Restocking. Licensee…

(a) Wine and Malt Beverage On-Premises Retailers. (1) This subsection is promulgated pursuant to Alcoholic Beverage Code § 25.09 . (2) Any alcoholic beverage that is in excess of 17 percent alcohol by volume and is used by wine and malt beverage on-premises retailers for cooking …

(a) This rule relates to §§ 102.07 and 108.061 of the Alcoholic Beverage Code. (b) For purposes of the above referenced provisions of the Alcoholic Beverage Code, sweepstakes shall include prizes that are awarded to consumers on the basis of random chance or on the basis of some …

(a) For products registered with the commission using a COLA, any change to the label or product that requires issuance of a new COLA requires reapplication for product registration with the commission. (b) For products registered with the commission that are not eligible for a C…

(a) This rule is enacted pursuant to § 108.53(d) of the Alcoholic Beverage Code. (b) At a charitable or civic event of a temporary nature, members of the alcoholic beverage industry may place signs or other advertising materials indicating their participation in, or sponsorship o…

(a) No distilled spirit may be shipped into the state or sold within the state without a certificate of product registration issued by the commission. (b) An applicant for a certificate under this section must hold a distiller's and rectifier's permit or a nonresident seller's pe…

(a) Except as provided by subsection (b) of this section, no alcoholic beverage product may be shipped or imported into the state, manufactured and offered for sale, or distributed or sold in the state until the product is registered with the commission. (b) Product registration …

(a) In addition to the provisions of § 45.5 of this title, the commission may deny registration for a malt beverage for the following reasons: (1) the label filed with the application by a brewer's or nonresident brewer's licensee: (A) indicates by any statement, design, device, …

Malt beverages in containers shall be deemed to be misbranded if the container has blown, branded, or burned therein the name or other distinguishing mark of any person engaged in business as a brewer, wholesaler, distributor, bottler, or importer of malt beverages, or of any oth…

On or before September 1 of each year, each holder of a license issued under Alcoholic Beverage Code Chapter 62 or 63 shall verify to the commission, on a form promulgated by the commission, that no brewing or manufacturing facility owned or controlled by the license holder is us…

(a) The commission may deny an application for product registration for one or more of the following reasons: (1) the product label does not meet applicable federal requirements; (2) registration of the product would create a cross-tier violation; (3) the label includes a stateme…

(a) Except as provided by § 45.4 (b) of this title, no wine may be shipped into the state or sold within the state without a certificate of product registration issued by the commission. (b) An applicant for a certificate under this section must hold a winery permit or a nonresid…

(a) It is unlawful for any producer or bottler of wine to accept as a return or to purchase or to use any container permanently branded or imprinted with the name of another producer or bottler of any alcoholic beverage. (b) The alcoholic content requirements set forth in this ch…

(a) General. (1) This rule is promulgated pursuant to § 108.04 of the Alcoholic Beverage Code to relax certain restrictions and prohibitions set forth in §§102.14, 102.15 and 108.06 of the code. (2) This rule applies to buyers, sellers and consumers of malt beverages. (b) Gifts t…

The employer's first report of injury and supplemental report of injury shall be completed on standardized forms approved by the board for that purpose. Every insurance carrier writing workers' compensation coverage effective in Texas shall provide an adequate number of the curre…

If the employer fails to timely submit any information to the board which the board is entitled to request under the authority of the Workers' Compensation Act, the board shall notify the employer by certified mail with a copy sent to the employer's insurance carrier to either fi…

This chapter applies to § 2152.064 and § 2155.003 of the Government Code. Notes 1 Tex. Admin. Code § 45.1 The provisions of this §45.1 adopted to be effective April 30, 2008, 33 TexReg 3387

(a) The term "rebate" includes a discount, return, or refund of money. (b) An employee, appointee, or commission member of the Texas Facilities Commission is not prohibited from accepting a rebate that is offered or given on the same terms to all state employees or to the general…

(a) The term "rebate" includes a discount, return, or refund of money. (b) The chief clerk or an employee of the comptroller is not prohibited from accepting a rebate that is offered or given on the same terms to all state employees or to the general public. Notes 1 Tex. Admin. C…

(a) Section 2152.064 of the Government Code applies to: (1) a commission member and appointee; and (2) to an employee who exercises discretion in connection with a contract, payment, claim, or other pecuniary transaction under § 2152.064 of the Government Code, or in connection w…

(a) This section is authorized by and implements Alcoholic Beverage Code §§ 1.03 , 5.31 , 102.07 , 102.15 and 108.04 . This section applies only to members of the retail and manufacturing tiers who are authorized to sell directly to consumers. (b) For purposes of this section, a …

(a) Authorized standards of fill. The standards of fill for wine, whether domestically manufactured, domestically bottled, or imported, are subject to the container sizes and standards of fill authorized by the Alcoholic Beverage Code and the United States Department of the Treas…

(a) Authorized standards of fill. The standards of fill for distilled spirits, whether domestically manufactured, domestically bottled, or imported, are subject to the container sizes and standards of fill authorized by the Alcoholic Beverage Code and the United States Department…

(a) Any alcoholic beverage or container that does not meet all the requirements of this chapter is an illicit beverage subject to seizure without a warrant. (b) The executive director may authorize such disposition as facts and circumstances may warrant of any alcoholic beverage …

(a) This rule is adopted to prohibit those practices by on-premise establishments that are reasonably calculated to result in excessive consumption of alcoholic beverages by consumers. Such practices constitute a manner of operation contrary to the public welfare, health and safe…

It is unlawful for any distiller, rectifier, or other bottler of distilled spirits in this state to bottle or remove such distilled spirits from the licensed premises unless the distilled spirits have first been registered with the commission or clearance of its export procedure …

When used in this chapter, the terms listed below shall have the following meanings: (1) Advertisement--Any statement provided by or at the behest of a permittee promoting the purchase of a brand of alcoholic beverage through the medium of: radio broadcast; television broadcast; …

When the employee returns to work or is no longer incapacitated as a result of the injury or occupational disease, the employer shall file an employer's supplemental report of injury promptly with the board and shall simultaneously deliver a copy thereof to the insurance carrier.…

(a) An advertisement for a distilled spirit shall not contain any statement, design, or device directly or by implication concerning age or maturity of any brand or lot of the product unless a statement of age appears on the label of the advertised product. (b) When any such stat…

(a) When requested by the board or carrier, the employer shall immediately complete Board Form IAB-150, Employer's Wage Statement, and file the original with the board and a copy with the carrier. (b) Noncompliance with this requirement may result in imposition of a civil penalty…

(a) Since the efficient operation of workers' compensation depends so greatly upon the insurance carrier and Industrial Accident Board receiving prompt notice of possible claims, the employer shall report injuries and occupational diseases by completing board Form E-1, Employer's…

(a) No license or permit holder may give or offer to give to any person any inducement with the purchase of alcoholic beverages. (b) No license or permit holder may give any rebate or coupon redeemable by the public for the purchase of or for a discount on the purchase of any alc…

(a) The fee for an application for registration under this chapter is $25 and shall be paid at the time the application is filed. (b) An applicant for product registration under this chapter is not entitled to a refund of the application fee for any reason. Notes 16 Tex. Admin. C…

(a) This chapter implements Alcoholic Beverage Code §§ 101.67 and 101.671 , which provide for the registration of alcoholic beverage products with the state, and Chapter 108, Advertising. (b) This chapter does not apply to: (1) distilled spirits for export or for industrial use; …

(a) Retailer Establishments. (1) This subsection relates to Alcoholic Beverage Code §§ 108.07 , 108.51 , and 108.52 . (2) Retail-tier licensees and permittees may, in accordance with this section, erect and maintain on the retailer's premises: (A) outdoor advertising, as defined …

Statements required under this subchapter to appear in any written, printed, or graphic advertisement shall be in lettering or type of a size sufficient to render them conspicuous and readily legible. Notes 16 Tex. Admin. Code § 45.124 Adopted by Texas Register, Volume 46, Number…