♦ ♦ ♦
 tion, ERCOT shall establish criteria under which an ERS resource shall 
be suspended for non-compliance, and shall also establish criteria for 
subsequent reinstatement. ERCOT shall notify the commission of all 
instances of non-compliance with this rule or any related ERCOT Pro-
tocols, Operating Guides, or other ERCOT standards. ERCOT shall 
maintain records relating to the alleged non-compliance. 
(g) Reporting. Prior to the start of an ERS contract period, 
ERCOT shall report publicly the number of megawatts (MW) procured 
per ERS time period, the number and type of ERS resources providing 
the service, and the projected total cost of the service for that ERS 
contract period. ERCOT shall review the effectiveness and benefits 
of ERS and report its findings to the commission annually by April 
15 of each calendar year. The report shall contain, at a minimum, the 
number of MW procured in each period, the total dollar amount spent, 
the number and level of EEA events, and the number and duration of 
deployments. 
(h) Implementation. ERCOT shall develop additional proce-
dures, guides, technical requirements, protocols, and/or other standards 
that are consistent with this section and that ERCOT finds necessary 
to implement ERS, including but not limited to developing a standard 
form ERS Agreement and specific performance guidelines and grace 
periods for ERS resources. 
(i) Self Provision. ERCOT shall establish procedures for self-
provision of ERS by any QSE. 
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
Filed with the Office of the Secretary of State on March 30, 2017. 
TRD-201701361 
Adriana Gonzales 
Rules Coordinator 
Public Utility Commission of Texas 
Effective date: April 19, 2017 
Proposal publication date: October 21, 2016 
For further information, please call: (512) 936-7223 
♦ ♦ ♦ 
PART 3. TEXAS ALCOHOLIC 
BEVERAGE COMMISSION 
CHAPTER 35. ENFORCEMENT 
SUBCHAPTER C. MINORS 
16 TAC §35.21 
The Texas Alcoholic Beverage Commission adopts amendments 
to §35.21, relating to Assist Defined, without changes to the pro-
posed text as published in the February 10, 2017, issue of the 
Texas Register (42 TexReg 535). No comments were received. 
Section 35.21 is an interpretive rule clarifying the use of the 
word "assist" in Alcoholic Beverage Code §61.71(a)(12) and 
§106.09(a). Those subsections provide that a person may not 
employ a person under 18 years old to sell, serve, prepare, 
handle or dispense alcoholic beverages, or to assist in doing so. 
The rule provides that merely being employed to work where 
alcoholic beverages are sold does not by itself mean that the 
minor is assisting in the prohibited activities, if the minor does not have a direct and immediate connection with any particular 
sale of alcoholic beverages. 
The amendments are grammatical and stylistic. The list of pro-
hibited activities is modified to track the language of the relevant 
Alcoholic Beverage Code ("Code") subsections. 
The commission reviewed the section pursuant to Government 
Code §2001.039 and has determined that the need for the rule 
continues to exist but that these changes to the prior rule are 
appropriate. 
The amendments are adopted pursuant to Alcoholic Beverage 
Code §5.31, which grants authority to prescribe rules necessary 
to carry out the provisions of the Code. 
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
Filed with the Office of the Secretary of State on March 29, 2017. 
TRD-201701343 
Martin Wilson 
Assistant General Counsel 
Texas Alcoholic Beverage Commission 
Effective date: April 18, 2017 
Proposal publication date: February 10, 2017 
For further information, please call: (512) 206-3489 
CHAPTER 45. MARKETING PRACTICES 
SUBCHAPTER C. STANDARDS OF IDENTITY 
FOR MALT BEVERAGES 
16 TAC §45.80 
The Texas Alcoholic Beverage Commission adopts amendments 
to §45.80, relating to Net Contents, without changes to the pro-
posed text as published in the February 10, 2017, issue of the 
Texas Register (42 TexReg 535). No comments were received. 
Section 45.80 prescribes how the net contents of a malt bever-
age must be stated on the label. Prior to these amendments, 
different requirements applied to beer than applied to ale and 
malt liquor. The amendments apply the same standards to beer, 
ale and malt liquor. A new paragraph (5) is added to subsection 
(a) to account for containers larger than one gallon. Grammati-
cal changes are also made. 
The commission reviewed the section pursuant to Government 
Code §2001.039 and determined that the need for the rule con-
tinues to exist but that changes to the prior rule are appropriate. 
The amendments are adopted pursuant to Alcoholic Beverage 
Code §5.31, which grants authority to prescribe rules necessary 
to carry out the provisions of the Code. 
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
Filed with the Office of the Secretary of State on March 29, 2017. 
TRD-201701345 
ADOPTED RULES April 14, 2017 42 TexReg 2003 ♦ ♦ ♦ 
♦ ♦ ♦ ♦ ♦ ♦ Martin Wilson 
Assistant General Counsel 
Texas Alcoholic Beverage Commission 
Effective date: April 18, 2017 
Proposal publication date: February 10, 2017 
For further information, please call: (512) 206-3489 
SUBCHAPTER D. ADVERTISING AND 
PROMOTION--ALL BEVERAGES 
16 TAC §45.107 
The Texas Alcoholic Beverage Commission adopts amendments 
to §45.107, relating to Alcoholic Beverages Utilized for Cooking 
Purposes at On-Premise Locations, without changes to the pro-
posed text as published in the February 10, 2017, issue of the 
Texas Register (42 TexReg 536). No comments were received. 
Section 45.107 establishes the conditions under which wine and 
beer retailer's permit holders and mixed beverage permit hold-
ers can possess and use certain alcoholic beverages on their 
premises for cooking purposes. 
The amendments make grammatical and structural changes 
to subsection (b), which implements Alcoholic Beverage Code 
§28.06(e). That Alcoholic Beverage Code section authorizes 
the Commission to adopt a rule allowing a mixed beverage 
permittee to possess and use for cooking purposes on the 
permitted premises alcoholic beverages that are not covered by 
an invoice. 
The commission reviewed the section pursuant to Government 
Code §2001.039 and determined that the need for the rule con-
tinues to exist but that changes to the prior rule are appropriate. 
The amendments are adopted pursuant to: Alcoholic Beverage 
Code §5.31, which grants authority to prescribe rules necessary 
to carry out the provisions of the Code; Alcoholic Beverage Code 
§25.09(b), which authorizes the Commission to adopt a rule al-
lowing a wine and beer retailer's permittee to possess and use 
alcoholic beverages in excess of 17 percent by volume on the 
licensed premises for cooking purposes; and Alcoholic Bever-
age Code §28.06(e), which authorizes the Commission to adopt 
a rule allowing a mixed beverage permittee to possess and use 
alcoholic beverages that are not covered by an invoice on the 
permitted premises for cooking purposes. 
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
Filed with the Office of the Secretary of State on March 29, 2017. 
TRD-201701347 
Martin Wilson 
Assistant General Counsel 
Texas Alcoholic Beverage Commission 
Effective date: April 18, 2017 
Proposal publication date: February 10, 2017 
For further information, please call: (512) 206-3489 
TITLE 34. PUBLIC FINANCE PART 1. COMPTROLLER OF PUBLIC 
ACCOUNTS 
CHAPTER 1. CENTRAL ADMINISTRATION 
SUBCHAPTER E. HISTORICALLY 
UNDERUTILIZED BUSINESSES 
34 TAC §1.345 
The Comptroller of Public Accounts adopts the repeal of §1.345, 
regarding historically underutilized businesses, without changes 
to the proposed text as published in the February 17, 2017, issue 
of the Texas Register (42 TexReg 672). 
The comptroller proposes to repeal this section because this 
section adopts by reference rules that no longer exist or are no 
longer relevant. 
No comments were received regarding adoption of the repeal. 
The repeal is adopted under Government Code, §2161.0012 and 
§2161.002(c). 
The following statutes are affected by the repeal: Government 
Code, Chapter 2161. 
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
Filed with the Office of the Secretary of State on March 28, 2017. 
TRD-201701327 
Lita Gonzalez 
General Counsel 
Comptroller of Public Accounts 
Effective date: April 17, 2017 
Proposal publication date: February 17, 2017 
For further information, please call: (512) 475-0387 
TITLE 40. SOCIAL SERVICES AND ASSIS-
TANCE 
PART 1. DEPARTMENT OF AGING 
AND DISABILITY SERVICES 
CHAPTER 92. LICENSING STANDARDS FOR 
ASSISTED LIVING FACILITIES 
The Texas Health and Human Services Commission (HHSC) 
adopts, on behalf of the Department of Aging and Disability 
Services (DADS), new §92.22 and amendments to §92.51 
and §92.551, in Chapter 92, Licensing Standards for Assisted 
Living Facilities. New §92.22 is adopted with changes to the 
proposed text published in the October 28, 2016, issue of the 
Texas Register (41 TexReg 8556). The amendments §92.51 
and §92.551 are adopted without changes to the proposed text 
published in the October 28, 2016, issue of the Texas Register 
(41 TexReg 8556). 
BACKGROUND AND PURPOSE 
The amendments and new section set forth requirements for an 
applicant for an initial assisted living facility (facility) license to 
obtain Alzheimer's certification for the facility or a distinct unit of 
42 TexReg 2004 April 14, 2017 Texas Register