Texas Administrative Code

(a) Primary seller server school certificate. (1) A primary certificate will expire on the second anniversary of the date it is issued. (2) The two-year fee for an original primary certificate is $1000. (3) The two-year fee for a renewal primary certificate is $500. (4) A late fe…

(a) The applicant, public interest counsel or other person may file with the chief clerk a motion to overturn the executive director's action on an application or water quality management plan (WQMP) update certification. Regardless of any other law, a state agency, except a rive…

(a) A change of ownership is any agreement to transfer ownership or control of a school. A change of control is presumed if: (1) more than 50% of an individual owner's interest is sold or transferred; (2) more than 50% of a legal entity's interest is sold or transferred; or (3) t…

The executive director may issue Texas pollutant discharge elimination system (TPDES) permits or other TPDES-related approvals only if he or she does not receive, and has not during the previous two years received, a significant portion of income directly or indirectly from permi…

(a) Upon a request by the applicant at any time before the application is referred to the State Office of Administrative Hearings (SOAH), the executive director shall allow the withdrawal of the application and shall file a written acknowledgment of the withdrawal with the chief …

(a) This section applies to a permit as defined in § 3.2 of this title (relating to Definitions), except that it does not apply to air quality permits under Chapter 122 of this title (relating to Federal Operating Permits Program). The executive director, on his own motion or at …

Words used in this chapter have their common and ordinary meaning unless they are given a specific meaning in the code or are defined in this section. (1) Applicant--An individual and/or each owner, officer, director, manager, or trainer of a legal entity who applies to the commi…

(a) Application. An application for an original or renewal primary in-house seller server school certificate must be completed and submitted on forms provided by the commission. (b) An applicant for a primary in-house seller server school certificate must satisfy the requirements…

(a) A branch internet-based seller server school certificate is required for each domain that offers a different course of instruction from the course of instruction approved for the designated primary domain. (b) A branch mobile application seller server school certificate is re…

Service on the council is an additional duty of a member's office or employment. A member of the council is not entitled to compensation for performing the work of the council but is entitled to reimbursement for actual expenses incurred in performing that work, as provided by th…

(a) Change of ownership within Texas. All cattle that are parturient or post parturient or 18 months of age and older, except steers and spayed heifers changing ownership within Texas, shall be officially identified with an official eartag or other form of official permanent iden…

(a) A school must electronically notify the commission at least three business days in advance of each scheduled session. The notice must include the date, time and location of the session. The commission may waive the three-day requirement on request for good cause shown on an i…

(a) Applicability. This subchapter applies to applications that are declared administratively complete on or after September 1, 1999. (b) This chapter does not create a right to a contested case hearing where the opportunity for a contested case hearing does not exist under other…

(a) Subchapters E - G of this chapter (relating to Purpose, Applicability and Definitions; Action by the Commission; and Action by the Executive Director) apply to any applications that are declared administratively complete on or after September 1, 1999, except as described in s…

(a) Subsections (b) - (d) of this section apply to applications under Texas Water Code, Chapters 26 and 27 and Texas Health and Safety Code, Chapters 361 and 382. Subsection (e)(1) of this section applies to all applications under this subchapter. Subsections (e)(2) and (f) of th…

An in-house seller server school shall comply with the provisions of §50.6 or §50.7, as appropriate to the method of instruction used. An in-house seller server school shall not offer a course of instruction, and shall not issue a Seller Server Certificate, to anyone who is not a…

The Records Management Interagency Coordinating Council, referred to in this chapter as the council, coordinates the management of state government records by: (1) informing the legislature on records management issues and making recommendations to improve records management proc…

To implement its policies, the council shall adopt rules as prescribed under the Government Code, § 441.203 and under the Administrative Procedure Act, Government Code, Chapter 2001. Notes 13 Tex. Admin. Code § 50.11 The provisions of this §50.11 adopted to be effective October 1…

(a) No more than 50 students may attend a session. (b) A student who misses more than 10% of the required 120 minutes of class instruction shall not be allowed to take the Commission Standard Competence Test and may not be given a Seller Server Certificate based on his attendance…

(a) All internet-based training materials and instruction must be submitted and approved by the commission prior to use. (1) Printed screenshots meeting the language comprehension levels required by this section and sequenced and presented as a complete course of instruction must…

(a) An applicant for an original or renewal primary internet-based seller server school certificate must complete all sections of the application on forms provided by the commission. (b) An applicant for an original certificate or change of ownership for an internet-based seller …

(a) A branch classroom-based seller server school certificate is required for each site, other than a principal site designated pursuant to § 50.15 (f)(3) of this chapter, where records required by this chapter are maintained. (b) An applicant for an original or renewal branch cl…

(a) Applicant and Application. An applicant for an original or renewal primary classroom-based seller server school certificate must complete all sections of the application on forms provided by the commission. The applicant must provide a valid e-mail address and must agree to m…

(a) No licensee or permittee of the commission, or his spouse, agent, servant, or employee, or any subsidiary or affiliate, may directly or indirectly conduct, sponsor, or support a seller training program approved under this chapter except as provided in the Texas Alcoholic Beve…

(a) The commission, after notice and hearing, may suspend or cancel a school's certificate if the school, or a trainer employed by or under contract to the school: (1) fails to verify an individual's qualifications to receive a certificate; (2) signs a certificate when the traine…

(a) The commission may suspend or cancel a school's certificate, if the commission finds after notice and opportunity for a hearing that a school or a trainer employed by the school has violated a provision of this chapter. (b) In deciding whether to suspend or cancel a school's …

(a) The commission may refuse to process an original or renewal application for a school certificate under this chapter, if the applicant or any individual who must submit a personal history sheet with the application: (1) does not meet the minimum qualifications; (2) fails to su…

(a) In order to be approved as a tagging site the person responsible for the tagging site must agree to administer the tagging of livestock at their location in accordance with the following requirements: (1) Obtain official identification eartags only as directed by the commissi…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Animal identification number (AIN)--A numbering system for the official identification of individual animals that provides a nationally…

(a) A school must order and pay for all seller server certificate numbers in advance using the order forms and payment methods approved by the commission. Certificate numbers cost $2.00 each. (b) No session may be conducted unless the school: (1) has sufficient certificate number…

(a) An internet-based school must verify a student's identity. (1) To verify the student's identity, the school must ask each student a minimum of ten personal validation questions. Students have no more than 60 seconds to respond to a personal validation question. If a student a…

A permit or other approval is effective when signed by the executive director, unless otherwise specified in the permit. Notes 30 Tex. Admin. Code § 50.135 The provisions of this §50.135 adopted to be effective September 23, 1999, 24 TexReg 8254

(a) Definition. In this section, the term "software application" means an alcohol delivery compliance software application. (b) To qualify for limitations on liability for the actions of its delivery drivers under Alcoholic Beverage Code § 57.08 by using a software application, a…

(a) The council shall meet at least once quarterly and at other times at the call of the chair or upon the written request of three or more members. Any written request must be filed with the chair or the vice chair. All meetings shall comply with the open meetings provisions in …

(a) The council is composed of: (1) permanent members, consisting of the following officers or the officer's designee: (A) the secretary of state; (B) the state auditor, who serves as a nonvoting member; (C) the comptroller of public accounts; (D) the attorney general; (E) the di…

(a) The council may assign committees to review, evaluate, consider, or analyze any legislation, suggestions, proposals, or other information on the council's behalf. The assigned committees may perform any function deemed necessary by the council. The results of any reviews or e…

(a) The holder of a seller server trainer certificate is qualified to: (1) apply for a seller server school certificate issued under this chapter; and (2) be employed by a certified seller server school to teach the mandatory curriculum to individuals seeking a seller server cert…

(a) Applicant Minimum Qualifications. An applicant for an original or renewal seller server trainer certificate must: (1) submit documentation issued by an agency of the United States, this or another state of the United States that proves the applicant is a United States citizen…

The holder of a certificate issued under this subchapter must maintain a current mailing address, telephone number, and email address on file with the Seller/Server Training Division. The holder shall file any changes to its mailing address, telephone number, or email address wit…

This chapter implements Texas Alcoholic Beverage Code § 106.14 , which provides the commission with authority to adopt rules establishing requirements for approved seller training programs, and §57.09, related to alcohol delivery driver training. Notes 16 Tex. Admin. Code § 50.1 …

At any time during the processing of an application, if all timely requests for reconsideration or hearing on the application are withdrawn or denied, the commission or the general counsel, or the judge if SOAH holds jurisdiction over the application, may remand the application t…

(a) The executive director may act on an application subject to this subchapter if: (1) public notice requirements have been satisfied and the executive director has considered the public comment and filed a response; (2) the application meets all relevant statutory and administr…

(a) The purpose of this subchapter is to delegate authority to the executive director and to specify applications on which the executive director may take action on behalf of the commission. This subchapter does not affect the executive director's authority to act on an applicati…

(a) The commission may grant or deny an application in whole or in part, suspend the authority to conduct an activity or dispose of waste for a specified period of time, dismiss proceedings, amend or modify a permit or order, or take any other appropriate action. (b) For applicat…

(a) If the commission acts on an application, the chief clerk shall mail or otherwise transmit the order and notice of the action to the applicant, executive director, public interest counsel, and to other persons who timely filed public comment, or requests for reconsideration o…

(a) Each classroom-based school must provide a course of instruction using the content and sequence of topics contained in the mandatory curriculum. Subject to the requirements of subsection (c) of this section, the course of instruction may include optional material. (b) All cla…

(a) The commission shall develop and offer to the public an alcohol delivery driver training program. A person who completes the program will be granted a delivery driver certificate valid for two years from the date of completion of the training program. (b) The commission may c…