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TITLE 16. ECONOMIC REGULATION 
PART 3. TEXAS ALCOHOLIC 
BEVERAGE COMMISSION 
CHAPTER 35. ENFORCEMENT 
SUBCHAPTER C. MINORS 
16 TAC §35.21 
The Texas Alcoholic Beverage Commission proposes amend-
ments to §35.21, relating to Assist Defined. 
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 proposed amendments are mostly grammatical and stylistic. 
The list of prohibited activities is modified to track the language 
of the relevant Alcoholic Beverage Code ("Code") subsections. 
The commission has reviewed the section pursuant to Govern-
ment Code §2001.039 and has determined that the need for the 
rule continues to exist but that changes to the current rule are 
appropriate. 
Martin Wilson, Assistant General Counsel, has determined that 
for each year of the first five years that the proposed amend-
ments will be in effect, there will be no fiscal impact on local 
government attributable to the amendments. There should be 
no fiscal impact on state government. 
The proposed amendments will have no fiscal or regulatory im-
pact on micro-businesses and small businesses or persons reg-
ulated by the commission. There is no anticipated negative im-
pact on local employment. 
Mr. Wilson has determined that for each year of the first five 
years that the proposed amendments will be in effect, the public 
will benefit because the rule will more clearly reflect the Code 
provisions it interprets. 
Comments on the proposed amendments may be submitted in 
writing to Martin Wilson, Assistant General Counsel, Texas Alco-
holic Beverage Commission, at P.O. Box 13127, Austin, Texas 
78711-3127, or by facsimile transmission to (512) 206-3280, or 
by email to rules@tabc.texas.gov. Comments will be accepted 
for 30 days following publication in the Texas Register. The
 staff of the commission will hold a public hearing to receive 
oral comments on the proposed amendments on Thursday, Feb-
ruary 23, 2017, at 1:30 p.m. in the commission meeting room at 
the commission's headquarters, which is located at 5806 Mesa 
Drive in Austin, Texas. 
The proposed amendments are authorized by Alcoholic Bever-
age Code §5.31, which grants authority to prescribe rules nec-
essary to carry out the provisions of the Code. 
The proposed amendments affect Alcoholic Beverage Code 
§§5.31, 61.71, and 106.09, and Government Code §2001.039. 
§35.21. Assist Defined. 
The word "assist" as used in Alcoholic Beverage Code §106.09(a) and 
§61.71(a)(12) [of the Alcoholic Beverage Code] shall not be construed 
to mean that a person under 18 years of age assists in selling, serving, 
preparing, handling, [transporting,] or dispensing alcoholic beverages 
merely by being employed to work on or about a [the] premises where 
alcoholic beverages are sold or served, as long as the person under 18 
years of age [he] does not have a direct and immediate connection with 
any particular sale or service [delivery] of such beverages. 
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority 
to adopt. 
Filed with the Office of the Secretary of State on January 25, 
2017. 
TRD-201700377 
Martin Wilson 
Assistant General Counsel 
Texas Alcoholic Beverage Commission 
Earliest possible date of adoption: March 12, 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 proposes amend-
ments to §45.80, relating to Net Contents. 
Section 45.80 prescribes how the net contents of a malt bever-
age must be stated on the label. 
Currently, subsection (a) applies to ale and malt liquor, while sub-
section (b) applies to beer. The requirements differ. The rule 
also requires that all fractions be expressed in their lowest de-
PROPOSED RULES February 10, 2017 42 TexReg 535 ♦ ♦ ♦ nominations, and allows the net contents to be blown, branded 
or burned on the bottle instead of being stated on the label. 
The proposed amendments delete current subsection (b) and 
apply the same standards to beer as are currently applied to ale 
and malt liquor in subsection (a). A new paragraph (5) is added 
to subsection (a) to account for containers larger than one gallon. 
Grammatical changes are also made. 
The commission has reviewed the section pursuant to Govern-
ment Code §2001.039 and has determined that the need for the 
rule continues to exist but that changes to the current rule are 
appropriate. 
Martin Wilson, Assistant General Counsel, has determined that 
for each year of the first five years that the proposed amend-
ments will be in effect, there will be no fiscal impact on local 
government attributable to the amendments. There should be 
no fiscal impact on state government. 
The proposed amendments will have no fiscal or regulatory im-
pact on micro-businesses and small businesses or persons reg-
ulated by the commission. There is no anticipated negative im-
pact on local employment. 
Mr. Wilson has determined that for each year of the first five 
years that the proposed amendments will be in effect, the public 
will benefit because the same standards will apply to all malt 
beverages. Comments on the proposed amendments may be submitted in 
writing to Martin Wilson, Assistant General Counsel, Texas Alco-
holic Beverage Commission, at P.O. Box 13127, Austin, Texas 
78711-3127, or by facsimile transmission to (512) 206-3280, or 
by email to rules@tabc.texas.gov. Comments will be accepted 
for 30 days following publication in the Texas Register. 
The staff of the commission will hold a public hearing to receive 
oral comments on the proposed amendments on Thursday, Feb-
ruary 23, 2017, at 1:30 p.m. in the commission meeting room at 
the commission's headquarters, which is located at 5806 Mesa 
Drive in Austin, Texas. 
The proposed amendments are authorized by Alcoholic Bever-
age Code §5.31, which grants authority to prescribe rules nec-
essary to carry out the provisions of the Code. 
The proposed amendments affect Alcoholic Beverage Code 
§5.31 and Government Code §2001.039. 
§45.80. Net Contents. 
(a) Net contents of malt beverages [liquors] shall be stated as 
follows: 
(1) if less than one pint, the net contents shall be stated in 
fluid ounces or fractions of a pint; 
(2) if one pint, one quart or one gallon, the net contents 
shall be so stated; 
(3) if more than one pint, but less than one quart, the net 
contents shall be stated in fractions of a quart, or in fluid ounces, or in 
pints and fluid ounces; 
(4) if more than one quart, but less than one gallon, the net 
contents shall be stated in fractions of a gallon, or in fluid ounces, or in 
quarts, pints and fluid ounces; and 
(5) if more than one gallon, the net contents shall be stated 
in gallons and fractions thereof, or in barrels, fractions of barrels, or 
barrels and fractions thereof. (b) [Net contents of beer shall be stated as follows:] 
(1) one barrel; 
(2) 1/2 barrel; 
(3) 1/4 barrel; 
(4) 1/8 barrel; 
(5) 32 fluid ounces; 
(6) 24 fluid ounces; 
(7) 16 fluid ounces; 
(8) 12 fluid ounces; 
(9) 8 fluid ounces; and 
(10) 7 fluid ounces. 
[(c) ] All fractions shall be expressed in their lowest denomi-
nations. 
(c) [(d)] The net contents need not be stated on any label if 
the net contents are displayed by having the same blown, branded, or 
burned in the container in letters or figures in such manner as to be 
plainly legible under ordinary circumstances and such statement is not 
obscured in any manner in whole or in part. 
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority 
to adopt. 
Filed with the Office of the Secretary of State on January 25, 
2017. 
TRD-201700378 
Martin Wilson 
Assistant General Counsel 
Texas Alcoholic Beverage Commission 
Earliest possible date of adoption: March 12, 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 proposes amend-
ments to §45.107, relating to Alcoholic Beverages Utilized for 
Cooking Purposes at On-Premise Locations. 
Section 45.107 establishes the conditions under which wine and 
beer retailer's permittees and mixed beverage permit holders 
can possess and use certain alcoholic beverages on their 
premises for cooking purposes. 
Subsection (a) of the current rule implements Alcoholic Bever-
age Code §25.09(b), which authorizes the Commission to adopt 
a rule allowing 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. The Commis-
sion does not propose making any changes to subsection (a). 
Subsection (b) of the current rule implements 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 Commission 
42 TexReg 536 February 10, 2017 Texas Register does not propose making any substantive changes to subsec-
tion (b), but does propose making grammatical and structural 
changes. 
The commission has reviewed the section pursuant to Govern-
ment Code §2001.039 and has determined that the need for the 
rule continues to exist but that changes to the current rule are 
appropriate. Martin Wilson, Assistant General Counsel, has determined that 
for each year of the first five years that the proposed amend-
ments will be in effect, there will be no fiscal impact on local 
government attributable to the amendments. There should be 
no fiscal impact on state government. 
The proposed amendments will have no fiscal or regulatory im-
pact on micro-businesses and small businesses or persons reg-
ulated by the commission. There is no anticipated negative im-
pact on local employment. 
Mr. Wilson has determined that for each year of the first five 
years that the proposed amendments will be in effect, the public 
will benefit because the rule will be clearer. 
Comments on the proposed amendments may be submitted in 
writing to Martin Wilson, Assistant General Counsel, Texas Alco-
holic Beverage Commission, at P.O. Box 13127, Austin, Texas 
78711-3127, or by facsimile transmission to (512) 206-3280, or 
by email to rules@tabc.texas.gov. Comments will be accepted 
for 30 days following publication in the Texas Register. 
The staff of the commission will hold a public hearing to receive 
oral comments on the proposed amendments on Thursday, Feb-
ruary 23, 2017, at 1:30 p.m. in the commission meeting room at 
the commission’s headquarters, which is located at 5806 Mesa 
Drive in Austin, Texas. 
The proposed amendments are authorized by Alcoholic Bever-
age Code §5.31, which grants authority to prescribe rules neces-
sary to carry out the provisions of the Code, by Alcoholic Bever-
age Code §25.09(b), which authorizes the Commission to adopt 
a rule allowing 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 by Alcoholic 
Beverage 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 proposed amendments affect Alcoholic Beverage Code 
§§5.31, 25.09, and 28.06, and Government Code §2001.039. 
§45.107. Alcoholic Beverages Utilized for Cooking Purposes at 
On-Premise Locations. 
(a) Wine and Beer 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 beer on-premises retailers 
for cooking purposes must be individually labeled as "For Cooking Use 
Only". 
(3) All alcoholic beverages in excess of 17 percent alcohol 
by volume used by wine and beer on-premises retailers for cooking 
purposes must be stored separately from alcoholic beverages that are 
legal for sale on the premises by such retailers. 
(4) No alcoholic beverage in excess of 17 percent alcohol 
by volume that is designated by wine and beer on-premises retailers for cooking purposes may be sold, served or consumed in liquid form by 
staff or customers of the retailer. 
(5) All receipts for the purchase by wine and beer 
on-premises retailers of alcoholic beverages in excess of 17 percent 
alcohol by volume must be retained on the premises until the bottle is 
empty and disposed of. 
(b) Mixed Beverage Permittees. 
(1) This subsection is promulgated pursuant to Alcoholic 
Beverage Code §28.06. 
(2) Alcoholic beverages used for cooking purposes may be 
purchased by a mixed beverage permittee from[, tax stamped by and 
invoiced by] a local distributor's permittee, [Local Distributor's Permit-
tee] or may be purchased at retail from a licensed retailer. All receipts 
for the purchase of alcoholic beverages used for cooking purposes and 
purchased by a mixed beverage permittee at retail without a tax stamp 
must be retained on the premises until the bottle is empty and disposed 
of. [Alcoholic beverages purchased at retail without a tax stamp may 
not be served or sold in liquid form.] 
(3) An alcoholic beverage used for cooking purposes and 
purchased by a mixed beverage permittee [for cooking purposes] at 
retail without a tax stamp must be individually labeled as "For Cooking 
Use Only". 
(4) All alcoholic beverages used for cooking purposes and 
purchased by a mixed beverage permittee [for cooking purposes] at re-
tail without a tax stamp must be stored separately from alcoholic bev-
erages purchased from[, tax stamped by and invoiced by] a local dis-
tributor's permittee [Local Distributor's Permittee]. 
(5) No alcoholic beverage used for cooking purposes and 
[Alcoholic beverages] purchased by a mixed beverage permittee [for 
cooking purposes] at retail without a tax stamp may [not] be sold, 
served or consumed in liquid form by staff or customers of the per-
mittee. 
[(6) All receipts for the purchase of alcoholic beverages 
purchased for cooking purposes at retail without a tax stamp must be 
retained on the premises until the bottle is empty and disposed of.] 
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority 
to adopt. 
Filed with the Office of the Secretary of State on January 25, 
2017. 
TRD-201700379 
Martin Wilson 
Assistant General Counsel 
Texas Alcoholic Beverage Commission 
Earliest possible date of adoption: March 12, 2017 
For further information, please call: (512) 206-3489 
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TITLE 19. EDUCATION 
PART 1. TEXAS HIGHER EDUCATION 
COORDINATING BOARD 
CHAPTER 17. RESOURCE PLANNING 
SUBCHAPTER B. BOARD APPROVAL 
PROPOSED
 RULES February 10, 2017 42 TexReg 537