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TABC approves publication and readoption of several rule proposals; commission records votes
Summary
The commission approved publication of multiple proposed rule amendments and several readoptions covering racing events, wholesaler delinquency, nonresident brewer licensing, passenger transportation storage, and readoption of auditing and advertising rules; staff recommended publication in each case.
The Texas Alcoholic Beverage Commission on Sept. 23 approved publication or readoption of several proposed and new rules covering a range of regulatory topics, and the commission recorded votes on each staff recommendation.
Items approved for publication and their bases:
- Proposed amendments to 16 TAC 33.72, 33.77 and 33.81 (mixed beverage permit and temporary event purchases) implementing Senate Bill 1577: Staff said the changes authorize mixed‑beverage permit holders to temporarily sell distilled spirits at certain racing facilities and clarify purchase areas when local distributors are unavailable. Staff recommended publication after a stakeholder meeting on Aug. 14; the motion to publish passed.
- Proposed new rule 16 TAC 45.132 and amendments to 16 TAC 34.1 implementing Senate Bill 1355: The new rule frames reporting and agency action when a wholesaler becomes delinquent in payments to a distiller/rectifier; staff recommended publication and identified timelines and rebuttable presumptions for receipt of demand for payment. The commission approved publication and the new penalty framework was included in the sanctions rule.
- Proposed amendments to 16 TAC 45.4 and a proposed new rule 16 TAC 45.44 implementing House Bill 4463: The amendments add a primary American source‑of‑supply sworn‑statement requirement for product registration and clarify nonresident brewer licensing (single nonresident license covering multiple out‑of‑state locations). Staff recommended publication and the commission approved it.
- Proposed new rule 16 TAC 41.28 (passenger transportation permit storage registration) implementing House Bill 4285: The rule permits passenger transportation permittees to store alcoholic beverages within five miles of an airport in the same county and requires prior notice to the agency of the storage location; staff recommended publication and the motion passed.
- Readoption of rules 16 TAC 41.1–41.65 (auditing) and 16 TAC 45.101–45.127 and 45.13–45.131 (advertising, promotion, and cash/credit regulation): Staff completed required rule reviews under Gov. Code §2001.039, considered stakeholder comments on advertising and cash/credit rules, and recommended readoption of those rule sets; the commission approved readoption.
Staff noted stakeholder engagement: for most rule items staff held stakeholder meetings on Aug. 14 and considered feedback while drafting proposals. For the wholesaler delinquency rule, staff cited the statutory factors that must occur (missed payment, demand, second deadline) and said rules establish reporting timelines and a base penalty amount subject to agency modification.
Votes at a glance: Each motion to publish or readopt listed in the agenda was moved, seconded and passed by the commission during the meeting; staff recorded that the motions were approved and votes were recorded in the meeting record.
What this means: Publication begins formal notice and comment where required; readoption maintains the existing rules as currently written after periodic statutory review. Where new rules were proposed, staff stated they will hold public hearings as prescribed (for example, the passenger transport storage rule will have a hearing on Oct. 23).
