reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.115 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties may
					 agree to use mediation as an option to resolve a breach of contract claim at
					 the time they enter into the contract and include a contractual provision to do
					 so. The parties may mediate a breach of contract claim even absent a
					 contractual provision to do so if both parties agree.
(b) Any agreement to mediate must include
					 consideration of the following factors:
(1)
					 The source of the mediator. Potential sources of mediators include governmental
					 officers or employees who are qualified as mediators under Civil Practice and
					 Remedies Code, §
												154.052,
					 private mediators, the State Office of Administrative Hearings (SOAH), the
					 Center for Public Policy Dispute Resolution at The University of Texas School
					 of Law, an alternative dispute resolution system created under Civil Practice
					 and Remedies Code, Chapter 152, or another state or federal agency or through a
					 pooling agreement with several state agencies. Before naming a mediator source
					 in a contract, the parties must contact the mediator source to be sure that it
					 is willing to serve in that capacity. In selecting a mediator, the parties must
					 use the qualifications set forth in subsection §
												27.117 of this title (relating to
					 Qualifications and Immunity of the Mediator).
(2) The time period for the mediation. The
					 parties must allow enough time in which to make arrangements with the mediator
					 and attending parties to schedule the mediation, to attend and participate in
					 the mediation, and to complete any settlement approval procedures necessary to
					 achieve final settlement. While this time frame can vary according to the needs
					 and schedules of the mediator and parties, it is important that the parties
					 allow adequate time for the process.
(3) The location of the mediation, including
					 whether the mediation will be held in-person or through a digital
					 medium.
(4) Allocation of costs of
					 the mediator.
(5) The
					 identification of each representative who will attend the mediation on behalf
					 of the parties, if possible, by name or position within the commission or
					 contracting entity.
(6) The
					 settlement approval process in the event the parties reach agreement at the
					 mediation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.117 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) The mediator
					 must possess the qualifications required under Civil Practice and Remedies
					 Code, §
											154.052,
					 be subject to the standards and duties prescribed by Civil Practice and
					 Remedies Code, §
											154.053,
					 and have the qualified immunity prescribed by Civil Practice and Remedies Code,
					 §
											154.055,
					 if applicable.
(b) The parties must
					 decide whether, and to what extent, knowledge of the subject matter and
					 experience in mediation would be advisable for the mediator.
(c) The parties must obtain from the
					 prospective mediator the ethical standards that will govern the
					 mediation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.119 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under Division 3 of
					 this subchapter is confidential in accordance with Texas Government Code,
					 §
											RSA
					 2009.054.
(b) The confidentiality of a final settlement
					 agreement to which the commission is a signatory that is reached as a result of
					 the mediation is governed by Texas Government Code, Chapter 552.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.121 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the contractor and the commission agree otherwise,
						each party is responsible for its own costs incurred in connection with the
						mediation, including costs of document reproduction for documents requested by
						such party, attorney's fees, and consultant or expert fees. The costs of the
						mediation process itself must be divided equally between the
						parties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.123 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties prior to the mediation must disclose the
						parties' settlement approval procedures. To the extent possible, the parties
						must select representatives who are knowledgeable about the subject matter of
						the dispute, who are in a position to reach agreement, and who can credibly
						recommend approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.125 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during the mediation
						must be signed by the representatives of the contractor and the commission. The
						agreement must describe any procedures required to be followed by the parties
						in connection with final approval of the agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.127 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A final
					 settlement agreement reached during or as a result of mediation that resolves
					 an entire claim or any designated and severable portion of a claim must be:
(1) in writing; and
(2) signed by representatives of the
					 contractor and the commission who have authority to bind each respective
					 party.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.129 - Referral to the State Office of Administrative Hearings (SOAH)

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve all issues raised by the
						claim, the contractor may request that the claim be referred to SOAH by the
						commission. Nothing in these rules prohibits the contractor and commission from
						mediating their dispute after the case has been referred for contested case
						hearing, subject to the rules of SOAH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 4 - ASSISTED NEGOTIATION PROCESSES › Section 27.141 - Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
Parties to a contract dispute under Texas Government
						Code, Chapter 2260, may agree, either contractually or when a dispute arises,
						to use assisted negotiation (alternative dispute resolution) processes in
						addition to negotiation and mediation to resolve their
						dispute.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 4 - ASSISTED NEGOTIATION PROCESSES › Section 27.143 - Factors Supporting the Use of Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
The following factors may help parties decide whether one
						or more assisted negotiation processes could help resolve their dispute:
(1) The parties recognize the benefits of an
					 agreed resolution of the dispute.
(2) The expense of proceeding to contested
					 case hearing at the State Office of Administrative Hearings is substantial and
					 may outweigh any potential recovery.
(3) The parties seek an expedited resolution
					 of the dispute.
(4) The ultimate
					 outcome of the dispute is uncertain.
(5) There exists factual or technical
					 complexity or uncertainty that would benefit from expertise of a third-party
					 expert for technical assistance or fact-finding.
(6) The parties are having substantial
					 difficulty communicating effectively.
(7) A mediator third party could facilitate
					 the parties' realistic evaluation of their respective cases.
(8) There is an existing relationship between
					 the parties.
(9) The parties want
					 to retain control over the outcome.
(10) There is a need to develop creative
					 alternatives to resolve the dispute.
(11) There is a need for flexibility in
					 shaping relief.
(12) The other side
					 has an unrealistic view of the merits of their case.
(13) The parties (or aggrieved persons) need
					 to hear an evaluation of the case from someone other than their
					 lawyers.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 4 - ASSISTED NEGOTIATION PROCESSES › Section 27.145 - Use of Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
Any of the following methods, or a combination of these
						methods, or any assisted negotiation process agreed to by the parties, may be
						used in seeking resolution of disputes or other controversy arising under Texas
						Government Code, Chapter 2260. If the parties agree to use an assisted
						negotiation procedure, they must agree in writing to a detailed description of
						the process prior to engaging in the process.
(1) Mediation. (See Division 3 in this
					 subchapter (relating to Mediation of Contract Disputes)).
(2) Early evaluation by a neutral
					 third-party.
(A) This is a confidential
					 conference where the parties and their counsel present the factual and legal
					 bases of their claim and receive a non-binding assessment by an experienced
					 neutral with subject-matter expertise or with significant experience in the
					 substantive area of law involved in the dispute.
(B) After summary presentations, the
					 third-party neutral identifies areas of agreement for possible stipulations,
					 assesses the strengths and weaknesses of each party's position, and estimates,
					 if possible, the likelihood of liability and the dollar range of damages that
					 appear reasonable to him or her.
(C) This is a less complicated procedure than
					 the mini-trial, described in paragraph (4) of this section. It may be
					 appropriate for only some issues in dispute, for example, where there are
					 clear-cut differences over the appropriate amount of damages. This process may
					 be particularly helpful when:
(i) The parties
					 agree that the dispute can be settled;
(ii) The dispute involves specific legal
					 issues;
(iii) The parties disagree
					 on the amount of damages;
(iv) The
					 opposition has an unrealistic view of the dispute; and
(v) The neutral is a recognized expert in the
					 subject area or area of law involved.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter D - VENDOR PROTESTS › Section 27.161 - Procedures for Resolving Vendor Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The
				  following words and terms, when used in this subchapter, have the following
				  meaning unless the context clearly indicates otherwise.
(1) Commission--The Public Utility Commission
				  of Texas.
(2) Purchasing officer--A
				  commission employee who has received certification as a Texas Public Purchaser
				  and who is responsible for assisting with commission purchases, and who has
				  been designated the purchasing officer for the purchase in question.
(3) Interested parties - All vendors who have
				  submitted bids or proposals for the provision of goods or services in
				  accordance with a solicitation for a contract with the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter E - ENHANCED CONTRACT MONITORING › Section 27.170 - Enhanced Contract Monitoring Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission will assess each contract
				  to determine whether enhanced contract monitoring is necessary.
(1) The commission will use the following
				  factors to determine whether enhanced contract monitoring is necessary:
(A) vendor performance history;
(B) the contract amount;
(C) contract length;
(D) impact on agency goals; and
(E) any other factors that may impact the
				  agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 28 - SUBSTANTIVE RULES APPLICABLE TO CABLE AND VIDEO SERVICE PROVIDERS › Subchapter B - PROVISIONS RELATING TO APPLICATION FOR A STATE-ISSUED CERTIFICATE OF FRANCHISE AUTHORITY › Section 28.6 - State-Issued Certificate of Franchise Authority (CFA) Certification Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and purpose. This section applies
				  to the commission's certification of persons and entities to provide cable
				  and/or video service as holders of a state-issued certificate of franchise
				  authority (CFA), as established in the Public Utility Regulatory Act (PURA),
				  Chapter 66, §§66.001 - 66.004.
(b) Application for CFA. An entity or person
				  seeking to provide cable and/or video service in this state shall file an
				  application for a CFA with the commission as provided in subsection (e) of this
				  section.
(c) Eligibility to file
				  application.
(1) A cable service provider or
				  a video service provider that currently has or had previously received a
				  municipal franchise to provide cable service or video service is not eligible
				  to seek a CFA to provide service in that municipality until the expiration date
				  of the existing franchise agreement for such municipality.
(2) A cable service provider or a video
				  service provider that currently has or had previously received a municipal
				  franchise to provide cable service or video service may file an application for
				  a CFA to provide service in such municipality no earlier than 17 business days
				  before the expiration of the municipal franchise provided that the application
				  requests issuance of the CFA after the expiration of the municipal
				  franchise.
(3) For purposes of this
				  subsection a cable service provider or video service provider will be deemed to
				  have or have had a franchise to provide cable service or video service in a
				  specific municipality if any affiliates or successor entity of the cable or
				  video provider has or had a franchise agreement granted by that specific
				  municipality. The terms "affiliates or successor entity" in this subsection
				  include but are not limited to any entity receiving, obtaining, or operating
				  under a municipal cable or video franchise through merger, sale, assignment,
				  restructuring, or any other type of transaction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.1 - Separation of Duties Between Commission and Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule implements §
									RSA 5.12 of
				the Alcoholic Beverage Code (Code), which requires the Texas Alcoholic Beverage
				Commission (commission) to adopt rules to clearly separate the policy-making
				authority of the commissioners from the management responsibilities of the
				executive director, and §5.34(b) of the Code, which requires the
				commission to develop and implement policies that clearly define the respective
				responsibilities of the commission and staff.
(b) The commission retains the duty and
				authority to:
(1) Establish agency policies
				and goals to carry out the duties and authority granted to the commission under
				the Code;
(2) Provide leadership
				and direction to ensure agency laws, rules, policies and goals are implemented
				in a responsible, effective and cost efficient manner;
(3) Ensure accountability and transparency
				within the agency and to the Governor, the Legislature, the public, and persons
				regulated;
(4) Appoint and remove
				the executive director;
(5) Adopt
				agency rules to implement statutory duties and agency policies;
(6) Employ or appoint and terminate or remove
				an internal auditor, adopt an audit plan, approve audit findings and ensure
				agency compliance with audit requirements;
(7) Exercise any authority and carry out any
				duty of the commission not delegated to the executive director;
(8) Render the final decision in any
				contested disciplinary action that has had an administrative hearing;
(9) Approve or decline the settlement of any
				disciplinary action that carries a civil penalty of ten million dollars
				($10,000,000) or more; and
(10)
				Approve or decline the settlement of any disciplinary action that the executive
				director recommends and that is accepted for consideration by:
(A) the presiding officer of the commission;
				or
(B) at least two commission
				members.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.2 - State-Owned Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Exemption from
				inscription requirements for state-owned vehicles.
(1) This subsection implements §
										RSA
				721.003, Transportation Code, relating to
				exemption from inscription requirement for certain state-owned vehicles, which
				requires the commission to adopt a rule to be exempt from the inscription
				requirements of Chapter 721.
(2)
				The primary use of the state-owned vehicles for which an exemption is sought is
				the transportation of commission employees engaged in the prevention,
				detection, investigation and enforcement of criminal and regulatory violations
				of the Alcoholic Beverage Code.
(3)
				Not printing inscriptions on commission vehicles will: increase effectiveness
				of enforcement and compliance operations and activities; increase the safety of
				commission employees engaged in enforcement and compliance operations and
				activities; and, decrease the risk of damage to state-owned vehicles and
				property.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.3 - Petition for the Adoption of a Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section implements
				Government Code §
									2001.021 and provides
				procedures for any interested person (petitioner) to request the Alcoholic
				Beverage Commission (commission) to adopt a rule. The petitioner must be:
(1) a resident of this state;
(2) a business entity located in this
				state;
(3) a governmental
				subdivision located in this state; or
(4) a public or private organization located
				in this state that is not a state agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.4 - Public Information Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaint Sign.
				In accordance with Alcoholic Beverage Code §
									5.53(d),
				any licensed or permitted business in the state authorized to sell or serve
				alcoholic beverages to the ultimate consumer shall display at the place of
				business in a prominent place easily seen by the public, i.e. near the door or
				by the cash register, a sign stating the following: "If you have a complaint
				about the sale or service of alcoholic beverages in this establishment, please
				contact the Texas Alcoholic Beverage Commission by mail at P.O. Box 13127,
				Austin, Texas 78711-3127, by phone at 1-888-THE-TABC, by visiting
www.tabc.texas.gov
, or through the
				Alcohol Industry Management System, which can be accessed via the commission's
				public website."
(1) This sign shall be no
				smaller than 6 inches by 3-1/2 inches and shall be in lettering or type of a
				size sufficient to render it both conspicuous and readily legible.
(2) The sign shall be made of sturdy
				material; if made of paper, the weight shall be no less than 65#
				stock.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.5 - Public Information Act Requests

Current through Reg. 49, No. 28; July 12, 2024
(a)
				To the extent applicable, charges made for providing copies of public
				information by the Texas Alcoholic Beverage Commission shall be assessed in
				accordance with the schedule of charges maintained by the Office of the
				Attorney General in Title 1, Chapter 70 of the Texas Administrative
				Code.
(b) The general counsel or
				the general counsel's designee shall be the agency's public information
				coordinator. The public information coordinator is subject to the direction of
				the executive director, who is the officer for public information of the agency
				pursuant to Texas Government Code §
									552.201(a).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.6 - Establishment of Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				This rule implements Alcoholic Beverage Code §
									5.21, which
				authorizes the commission, by rule, to establish advisory committees as
				necessary to accomplish the purposes of the Alcoholic Beverage Code, and to
				meet the changing needs of the agency. Government Code Chapter 2110 applies to
				an advisory committee created by the commission.
(b) The commission rule establishing an
				advisory committee shall contain, at a minimum, the following information:
(1) the purpose, role, and goal of the
				committee;
(2) composition and
				representation requirements;
(3)
				qualifications of the members, such as experience or geographic
				location;
(4) terms of service of
				committee members;
(5) any
				necessary training requirements; and
(6) the method the agency will use to receive
				public input on issues considered by the advisory committees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.7 - Internal Audit Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Pursuant to Texas Alcoholic Beverage Code §
									5.21 and
				commission Rule 31.6, the commission hereby establishes an Internal Audit
				Advisory Committee ("Committee").
(b) The purpose, role, and goal of the
				Committee is to advise the commission on the agency's internal audit
				processes.
(c) The presiding
				officer of the commission may appoint not more than two commissioners and three
				members of the public to serve on the Committee. The Committee shall select
				from among its members a presiding officer.
(d) Each public member must either:
(1) hold an ownership interest or management
				position with an active TABC licensee or permittee; or
(2) hold a certified public accountant
				license or similar financial industry credentials.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.8 - Advisory Committee on Major Information Technology Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Texas Alcoholic Beverage Code
				§
									5.21 and
				commission Rule 31.6, the commission hereby establishes the Advisory Committee
				on Major Information Technology Projects ("Committee").
(b) The purpose, role, and goal of the
				Committee is to advise the commission on the agency's use and development of
				major information technology projects.
(c) The presiding officer of the commission
				may appoint not more than two commissioners and three members of the public to
				serve on the Committee. The Committee shall select from among its members a
				presiding officer.
(d) Each public
				member must either:
(1) hold an ownership
				interest or management position with an active TABC licensee or
				permittee;
(2) be a practicing
				attorney in the field of alcohol regulation; or
(3) have significant experience in
				information system technology deployment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.9 - Public Safety Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Pursuant to Texas Alcoholic Beverage Code §
									5.21 and
				commission Rule 31.6, the commission hereby establishes the Public Safety
				Advisory Committee ("Committee").
(b) The purpose, role, and goal of the
				Committee is to advise the commission on the agency's public safety
				initiatives.
(c) The presiding
				officer of the commission may appoint not more than two commissioners and three
				members of the public to serve on the Committee. The Committee shall select
				from among its members a presiding officer.
(d) Each public member must either:
(1) hold an ownership interest or management
				position with an active on-premises retail licensee or permittee;
(2) be a practicing attorney in the field of
				alcohol regulation; or
(3) have
				retired from a Texas statewide or a federal law enforcement agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.10 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule applies to complaints filed
				with the commission regarding an entity that is subject to commission
				jurisdiction.
(b) A person may file
				a complaint by:
(1) sending a completed
				complaint form to: Texas Alcoholic Beverage Commission, Attn: Enforcement
				Division, P.O. Box 13127, Austin, Texas 78711;
(2) calling 1-888-THE-TABC
				(843-8222);
(3) through Alcohol
				Industry Management System, which can be accessed via the commission's public
				website; or
(4) by sending a
				completed complaint form to complaints@tabc.texas.gov.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.11 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				relates to Texas Government Code Chapter 661, Subchapter A-1, establishing the
				state employee family leave program.
(b) The director of human resources is
				designated as the TABC Family Leave Pool (FLP) Administrator.
(c) Employees donating or applying for leave
				from the FLP must submit their request by e-mail to
				Benefits@tabc.texas.gov.
(d) A TABC
				employee may apply for leave from the FLP if the employee has exhausted all
				available leave and experiences:
(1) the birth
				of a child;
(2) the placement of a
				foster child or adoption of a child under 18 years of age;
(3) the placement of any person 18 years of
				age or older requiring guardianship;
(4) a serious illness to the employee or an
				immediate family member, including a pandemic-related illness; or
(5) an extenuating circumstance created by an
				ongoing pandemic, including providing essential care to a family
				member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.12 - Training and Education of Commission Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may use state funds in
				accordance with Government Code §§
									RSA
				656.041 -
				RSA
				656.104 to provide training and education for
				its employees.
(b) Training or
				education provided pursuant to subsection (a) of this section shall be related
				to the employee's current position or prospective job duties within the
				commission.
(c) Commission
				employees may be required to complete training and/or education programs
				related to the employee's current or prospective job duties as a condition of
				employment.
(d) Participation in
				training or education programs requires the approval of the employee's
				supervisors prior to participation and is subject to the availability of funds
				in the commission's budget.
(e) The
				employee training and education program for the commission may include:
(1) mandatory agency-sponsored training or
				education required for all employees;
(2) training or education relating to
				technical or professional certifications and licenses;
(3) training and education designed to
				promote employee development;
(4)
				employee-funded external education;
(5) commission-funded external
				education;
(6) a
				tuition-reimbursement program; and
(7) such other training or education
				determined by the commission to be of benefit to the employee and the
				commission, and to promote effective state administration pursuant to
				Government Code §
										RSA
				656.042.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 31 - ADMINISTRATION › Section 31.13 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Texas Alcoholic Beverage Commission (TABC) shall identify contracts that
				require enhanced monitoring.
(b) In
				determining which contracts require enhanced monitoring, TABC shall consider
				factors including:
(1) contract
				amount;
(2) risk;
(3) special circumstances of project;
				and
(4) scope of goods or services
				provided.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter A - APPLICATIONS › Section 33.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) When used in
				  this chapter:
(1) the word "days" refers to
				  calendar days, unless otherwise specified; and
(2) a "business day" is any day that is not a
				  Saturday, a Sunday, a state or federal holiday (unless the commission is
				  required to be open for business), or a standard Federal Reserve bank
				  holiday.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter A - APPLICATIONS › Section 33.2 - Application and Fee Payment Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications for licenses, permits and
				  certificates shall be made by an applicant in such a manner as may be directed
				  by the executive director upon forms provided by the commission.
(b) Each application shall include all
				  information required by the executive director to ensure compliance with all
				  applicable statutes and rules and regulations of the agency.
(c) Each applicant for a license, permit or
				  certificate issued by the commission shall submit with the application the
				  payment of all required fees in accordance with the applicable provisions of
				  the code and rules.
(d) In addition
				  to the requirements of Alcoholic Beverage Code §§
										RSA
				  5.50,
				  RSA
				  11.32,
				  RSA
				  11.35, and
				  RSA
				  61.48 and any pertinent rule or procedure of
				  the commission, license and permit renewal applications filed under Alcoholic
				  Beverage Code §
										RSA
				  6.04 must be filed with the commission no
				  later than 11:59 p.m. or postmarked by the thirtieth calendar day after
				  expiration and must be complete in form and accompanied by all state fees as
				  well as a $100 late fee.
(e)
				  Applicants must pay fees by cashier's check, teller's check, a check drawn on
				  the account of the entity applying for a permit, money order, credit card,
				  charge card, or other electronic form of payment approved by the commission,
				  payable to the Texas Comptroller of Public Accounts.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter A - APPLICATIONS › Section 33.3 - Process to Apply for License or Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) This section relates to any license or
				  permit. The purpose of this section is to clarify the certification process in
				  subsection (b) of this section and distinguish it from the application process
				  described in subsections (c) and (d) of this section.
(b) Before filing an application for a
				  license or permit that is required to be certified under §
										RSA
				  11.37 or §
										RSA
				  61.37 of the Alcoholic Beverage Code the
				  applicant must obtain and submit to the commission :
(1) all required certifications signed by the
				  city secretary, where appropriate, and the county clerk that the location for
				  which the license or permit is sought is in a "wet" area for such license or
				  permit and is not prohibited by charter, by ordinance, or by valid order in
				  reference to the sale of any alcoholic beverage allowed by the license or
				  permit;
(2) all other applicable
				  certifications signed by the city secretary, where appropriate, and the county
				  clerk ;
(3) the required
				  certification by the Comptroller of Public Accounts that the person applying
				  for the license or permit holds, or has applied for and satisfies all legal
				  requirements for, the issuance of a sales tax permit;
(4) proof of publication of notice of the
				  application, if required by §
											RSA
				  11.39 and §
											RSA
				  61.38 of the Alcoholic Beverage Code;
				  and
(5) completed commission forms
				  and any other information reasonably requested by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter A - APPLICATIONS › Section 33.4 - Deferred Adjudication

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  relates to Alcoholic Beverage Code §§
										RSA 11.46,
				  RSA 25.06,
				  RSA 61.42,
				  RSA 61.43,
				  RSA 69.06,
				  and
				  RSA
				  109.532.
(b) In determining whether an applicant is
				  not qualified or is unsuitable to hold a permit or license under Alcoholic
				  Beverage Code §
										RSA
				  109.532<subdiv>(b)(1)</subdiv>,
				  or whether an application should be cancelled or denied the commission may
				  consider whether the person is currently serving deferred adjudication for:
(1) any felony offense;
(2) any controlled substance offense in the
				  Health and Safety Code Chapter 481;
(3) any firearm or deadly weapon offense in
				  Penal Code Chapter 46;
(4) any
				  prostitution offense in Penal Code Chapter 43;
(5) any gambling offense in Penal Code
				  Chapter 47;
(6) any human
				  trafficking offense in Penal Code Chapter 20A;
(7) any fraud offense in Penal Code Chapters
				  32 or 35;
(8) any money laundering
				  offense in Penal Code Chapter 34; or
(9) any violation of the Alcoholic Beverage
				  Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter A - APPLICATIONS › Section 33.5 - Food and Beverage Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This rule relates to §§
										RSA
				  25.13,
				  RSA
				  28.18,
				  RSA
				  32.23 and
				  RSA
				  69.16 of the Texas Alcoholic Beverage
				  Code.
(b) The following words and
				  terms, when used in this section, shall have the following meaning unless the
				  context clearly indicates otherwise:
(1)
				  Entre--course of a meal that may include an appetizer, small plate, main dish,
				  dessert or other similar food item.
(2) Food service--the cooking, preparing, or
				  assembling of food on the location available for consumption at the location.
				  Commercially pre-packaged items purchased off of the location which require no
				  cooking or assembly do not constitute food service under this
				  section.
(3) Food service
				  facilities--a designated permanent portion of the licensed location where food
				  is stored and prepared for consumption at the location.
(4) Location--the designated physical address
				  of a premises, but also including all areas at that address where the license
				  or permit holder may sell, serve or deliver alcoholic beverages for immediate
				  consumption at the address, regardless of whether some of those areas are
				  occupied by other businesses, as long as those businesses are
				  contiguous.
(5) Premises--the
				  designated area at a location that is licensed by the commission for the sale,
				  service, or delivery of alcoholic beverages.
(6) Restaurant--a business that:
(A) operates its own permanent food service
				  facility with commercial cooking equipment on its premises; and
(B) prepares and offers to sell multiple
				  entrees for consumption on or off the premises.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter A - APPLICATIONS › Section 33.6 - Financial Interest

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of Alcoholic Beverage Code, §
										RSA 102.06,
					 "a person who has a financial interest in a package store permit or wine only
					 package store permit" shall mean one who holds an ownership interest in the
					 business, or assets thereof, of a package store or wine only package store
					 permittee. This rule shall not be construed as authorizing any unfair trade
					 practice or discrimination in violation of the tied-house provisions of the
					 Alcoholic Beverage Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter A - APPLICATIONS › Section 33.10 - Citizenship and Status

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  who applies for a license or permit shall, at the time of filing the
				  application, be a United States citizen or legally authorized to work in the
				  United States. The commission will not issue a license or permit to a person
				  that will cause the person to be in violation of the person's immigration
				  status and/or result in the individual being illegally in the United
				  States.
(b) No license or permit
				  shall be issued to a corporation, partnership, firm, association, or other
				  legal entity, other than an individual, unless the entity is formed by filing a
				  certificate of formation or registered to transact business in this state. This
				  requirement does not apply to:
(1) An entity
				  holding a brewer's license , and other licenses and permits as are necessary to
				  the operation of the brewer's license ;
(2) A holder of a carrier's permit;
				  or
(3) A foreign corporation that
				  was engaged in the legal alcoholic beverages business in this State under
				  charter or permit prior to August 24, 1935.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter B - FEES AND PAYMENTS › Section 33.22 - Administrative Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				  relates to §
										RSA 5.31 and
				  §
										RSA 5.55 of
				  the Alcoholic Beverage Code.
(b)
				  The commission will charge fees for online transactions in the amount
				  authorized by the Texas Department of Information Resources for processing
				  online transactions utilizing the Texas.Gov portal.
(c) The commission may charge reasonable
				  administrative fees for changes of address or ownership or other administrative
				  changes not necessarily related to the issuance of certificates, licenses, and
				  permits under Title 3 of the Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter B - FEES AND PAYMENTS › Section 33.23 - License and Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section relates to Alcoholic Beverage Code §
										RSA
				  5.50.
(b) Each applicant for a license, permit, or
				  certificate issued by the commission shall submit with the application the fee
				  for that license, permit, or certificate that is listed in Fig. 33.23(b).
Attached
					 Graphic
(c) An
				  applicant for a Nonprofit Entity Temporary Event authorization shall pay a fee
				  of $50 per day with a two-day minimum, pursuant to § 33.78 of this title.
				  The authorization must be in effect for all days that alcoholic beverages will
				  be present at the temporary event location, from delivery to removal.
(d) An organization that holds a private club
				  exemption certificate permit under Alcoholic Beverage Code §
										RSA
				  32.11 is exempt from the requirement to pay a
				  fee.
(e) The commission shall
				  review all fees at least once every four years and shall adjust fees as
				  necessary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter B - FEES AND PAYMENTS › Section 33.24 - Late Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				  for renewal of a license or permit after its expiration date are subject to
				  additional late filing fees pursuant to §
										RSA
				  33.2 of this title.
(b) Applications for temporary event
				  authorizations are subject to additional late filing fees pursuant to §
				  33.74 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter B - FEES AND PAYMENTS › Section 33.25 - Refunds of License and Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) For an application for an original
				  license or permit under Alcoholic Beverage Code §
										RSA
				  11.08, the commission will refund the license
				  or permit fee if the license or permit is not issued for any reason.
(b) For an application for renewal of an
				  existing license or permit, the commission will refund the license or permit
				  fee if, prior to expiration, the applicant withdraws the application or the
				  application is denied. If the application is withdrawn or denied after the
				  license or permit expiration date, the applicant's fee will not be
				  refunded.
(c) No refunds will be
				  issued for temporary event authorizations or late fees pursuant to §
				  33.73(l) of this chapter.
(d) All
				  refunds of license and permit fees will be remitted to the person or entity
				  named in the license or permit application or renewal application, regardless
				  of who paid the fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter B - FEES AND PAYMENTS › Section 33.26 - Secondary Licenses, Permits, and Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) This section relates to Alcoholic
				  Beverage Code §
										RSA
				  11.09 and §
										RSA
				  61.03.
(b) Secondary licenses, permits, and
				  certificates that require the holder to first obtain another license or permit
				  expire upon expiration or cancellation of the primary license or
				  permit.
(c) A temporary license or
				  permit expires on the date indicated on the license or permit or on the same
				  date as the primary license or permit, whichever occurs earlier.
(d) Fees for a secondary license, permit, or
				  certificate will not be prorated or refunded.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter B - FEES AND PAYMENTS › Section 33.29 - Registration of Nonresident Brewer's Agent.

Current through Reg. 49, No. 28; July 12, 2024
(a) Nonresident brewer's agents shall
				  register with the Commission in the manner prescribed by the Commission, as
				  authorized by Chapter 58 of the Alcoholic Beverage Code.
(b) The annual fee to register a nonresident
				  brewer's agent is $2,500.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter C - BONDS › Section 33.40 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				  applies to conduct surety bonds, performance bonds, excise tax bonds, and bonds
				  for alternating brewery proprietorships and contract brewing arrangements
				  ("bonds").
(b) Submission of Bond
				  with Application.
(1) When required by the
				  Alcoholic Beverage Code to submit a bond, an applicant for an original or
				  renewal license or permit shall submit with its license or permit application
				  the required bond or alternative form of surety, as authorized under this
				  section.
(2) Failure to submit the
				  necessary bond or alternative form of surety in proper form will result in
				  denial of the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter C - BONDS › Section 33.41 - Conduct Surety Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies only to conduct surety bonds required by Alcoholic Beverage Code
				  §§
										RSA 11.11 and
				  RSA
				  61.13.
(b) A conduct surety bond, assignment of
				  certificate of deposit, savings account, or letter of credit must cover the
				  minimum time required for the applicant to qualify for exemption from the
				  surety requirement imposed by Alcoholic Beverage Code §§
										RSA 11.11 and
				  RSA
				  61.13.
(c) A permittee or licensee who is required
				  to file a conduct surety bond may furnish instead of all or part of the
				  required bond amount:
(1) one or more
				  certificates of deposit assigned to the state issued by a federally insured
				  bank or by a credit union authorized to do business in this state; or
(2) one or more letters of credit issued by a
				  federally insured bank or credit union authorized to do business in this
				  state.