Texas Administrative Code

When requested in writing by the board, the employer shall promptly furnish to the board the information requested if such information is either known to the employer or reasonably available to said employer and which is pertinent to the compensation claim in question. Notes 28 T…

(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…

(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) 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) 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) 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) 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) 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…

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…

It is unlawful for any person holding a package store permit to share the same advertisement of distilled spirits with any other person or persons holding a package store permit or permits, provided, however, that members of a partnership or corporation may share the same distill…

(a) Alcoholic content. The alcoholic content shall be stated by percentage by volume for distilled spirits except that it may be stated in proof of cordials and liqueurs, cocktails, highballs, and such other specialties as may be specified by the administrator. (b) Percentage of …

(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) Purpose. This rule implements § 102.31 of the Texas Alcoholic Beverage Code (Code). (b) Definitions. For purposes of this section, the following terms have the meaning given in this subsection. Cash equivalent--A financial transaction or instrument that is not conditione (1) …

(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) 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) 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…

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…

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…

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…

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; …

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…

(a) This chapter applies to § 2252.908 of the Government Code. (b) Section 2252.908 of the Government Code applies only to a contract of a governmental entity or state agency entered into after December 31, 2015, that meets either of the following conditions: (1) The contract req…

(a) Section 2252.908 of the Government Code does not apply to a change made to an existing contract, including an amendment, change order, or extension of a contract, except as provided by subsection (b) or (c) of this section. (b) Section 2252.908 of the Government Code applies …

(a) "Contract" means a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, whichever is earlier, and includes an amended, extended, or renewe…

(a) A disclosure of interested parties form required by § 2252.908 of the Government Code must be filed on an electronic form prescribed by the commission that contains the following: (1) The name of the business entity filing the form and the city, state, and country of the busi…

(a) The owner or person in charge of an export-import facility shall record and maintain the following information for each animal refused export out of this state or entry into another country: (1) names and addresses of the consignor, consignee, farm of origin, and importer; (2…

Unless permitted for movement on a VS Form 1-27 by a commission representative, the owner or caretaker of an animal refused export out of this state or entry into another country shall not move the animal or animals in its shipment from the export-import facility if: (1) the anim…

An owner or person in charge of an export-import facility shall report to the commission not later than 24 hours after an animal at an export-import facility is refused export out of this state or entry into another country the following information: (1) names and addresses of th…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Animal--includes livestock, exotic livestock, domestic fowl, and exotic fowl. (2) Export-Import Facility--A public or private livestock…

(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…

In addition to the enforcement authority authorized by Chapter 161 of the Texas Agriculture Code, a commission employee may enter an export-import facility during normal business hours to examine records, inspect animals, or perform a duty under Chapter 161 or this chapter. Notes…

(a) Collecting samples. (1) Individual blood collection devices shall be used for each animal. (2) Each animal shall be individually identified by official eartag or backtag or individual registration tattoo or brand. The individual identification must be recorded on the test rec…

This regulation sets the standards for personnel who perform work in the brucellosis control program pursuant to the Texas Agriculture Code, § 161.0417 and § 163.064 . Personnel may perform bovine brucellosis work in Texas as follows: (1) Collecting and submitting blood samples. …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Calfhood Vaccination--Vaccination of female cattle between four and twelve months of age with an approved Brucella vaccine at the appro…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Accredited veterinarian--A veterinarian approved by USDA under the provisions of Title 9, Part 161, Code of Federal Regulations, to per…

If TRS receives an order that affects benefits payable under TRS and another public retirement system, TRS shall determine if the order is a QDRO only with regard to the benefits payable by TRS. Notes 34 Tex. Admin. Code § 47.9 The provisions of this §47.9 adopted to be effective…

A member who is reinstating service credit by depositing amounts previously withdrawn or refunded shall deposit the entire amount withdrawn or refunded, regardless of whether a portion or all of the amount was paid to an alternate payee. The reinstatement fee shall be based on th…

A member or retiree or any alternate payee should submit an order affecting benefits payable under the Optional Retirement Program (ORP) to the applicable carrier and not to TRS, unless the order also affects benefits payable by TRS, in which case a copy of the order should be su…

The Teacher Retirement System of Texas (TRS) will make payment of retirement or survivor benefits or of refunded contributions only as directed by statute or by a qualified domestic relations order (QDRO). After TRS determines that an order is a QDRO, TRS shall make payments to t…

If a member terminates membership in TRS by withdrawal of contributions, TRS shall pay all or a portion of the amount withdrawn to any alternate payee as directed by a QDRO. If the former member later resumes membership in TRS, then TRS shall pay to an alternate payee no portion …

The prescribed claim form, or any written communications from an injured employee, claiming either medical care or compensation payments, giving his name, the date and the general nature of injury, and the name of his employer shall constitute a claim (1970). Notes 28 Tex. Admin.…

All claim forms must be personally signed by the injured employee and give his home address. If the employee is unable to write, he must make an "X" for his signature, and his mark must be witnessed by at least one credible witness (1978) (Rev.1973). Notes 28 Tex. Admin. Code § 4…

In cases of injury resulting in death, the claim form or any written communication claiming compensation payments giving the employee's name, the employer's name, the date of the employee's death, and the name of the claimant shall constitute a claim. One of several beneficiaries…

Where an employer advances compensation in accordance with Texas Civil Statutes, Article 8309, §4b, it is necessary that IAB Form EAC-70 be completed and forwarded by the employer within 10 days to the board in Austin, and such form shall also be furnished within 10 days to the e…

(a) This regulation sets the standards for personnel who perform work in the Certified CWD Authorized Personnel program pursuant to the Texas Agriculture Code, § 161.0417 . Personnel may collect samples for official CWD testing in Texas as follows: (1) Effective September 1, 2015…

(a) A contested case settlement is an agreement between the commission and the respondent in a contested case which provides for a resolution different from the sanction originally proposed in the commission's notice. (b) Contested case settlement negotiations may be in person, b…

(a) Authorized personnel status will be automatically restored after a period of suspension contingent upon the person complying with all conditions or prohibitions relative to the suspension. (b) Application for authorized status may be made at the expiration of a period of revo…