TITLE 16. ECONOMIC REGULATION

PART 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION

CHAPTER 33. LICENSING

SUBCHAPTER A. APPLICATION PROCEDURES

16 TAC §33.5

The Texas Alcoholic Beverage Commission adopts amendments to §33.5, relating to Food and Beverage Certificate, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5613).

House Bill No. 2101, 85th Regular Session of the Texas Legislature, amended Alcoholic Beverage Code (Code) §§25.13, 28.18, 32.23 and 69.16, to provide more uniform treatment of food and beverage certificates regardless of their associated primary permit or license.

For purposes of rule §33.5, one of the significant changes was to eliminate the requirement that the permit or license holder was responsible for food preparation. For some permits or licenses, the premises formerly had to be primarily a food service establishment. Under the Code as amended, food has to be available at the location (the designated physical address of the permitted or licensed premises), but the food need not be provided by the permit or license holder. And although permanent food service facilities are required, the location need not be primarily a food service establishment. The adopted amendments to rule §33.5 are intended to conform the rule to the new Code requirements. In addition, stylistic and grammatical changes are made throughout.

In addition to amending the rule to reflect the recent legislative changes, the commission has reviewed the section pursuant to Government Code §2001.039 and has determined that the need for the rule continues to exist but that the adopted changes to the current rule are appropriate.

No comments were received.

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 adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 28, 2017.

TRD-201704839

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Effective date: December 18, 2017

Proposal publication date: October 13, 2017

For further information, please call: (512) 206-3489


CHAPTER 45. MARKETING PRACTICES

SUBCHAPTER C. STANDARDS OF IDENTITY FOR MALT BEVERAGES

16 TAC §45.71

The Texas Alcoholic Beverage Commission adopts amendments to §45.71, relating to Definitions, without changes to the proposed text as published in the October 13, 2017 issue of the Texas Register (42 TexReg 5615).

House Bill No. 2299, 85th Regular Session of the Texas Legislature amended Alcoholic Beverage Code §101.67 regarding testing of malt beverages to verify alcohol content. Prior to the House Bill No. 2299 amendments, such testing had to be conducted by an independent, reputable laboratory or by the commission. The amendments deleted the reference to the reputation of independent laboratories, and added another category of laboratories eligible to verify alcohol content, i.e., laboratories certified by the U.S. Alcohol and Tobacco Trade Bureau as qualified for the analysis of beer for export.

The amendments to rule §45.71 conform the rule to Alcoholic Beverage Code §101.67 as amended by deleting the reference to reputation in the definition of an independent laboratory, and by adding a definition of qualified laboratory.

In addition to amending the rule to reflect the recent legislative changes, the commission has reviewed the section pursuant to Government Code §2001.039 and has determined that the need for the rule continues to exist but that the adopted changes to the current rule are appropriate.

No comments were received.

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 adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 28, 2017.

TRD-201704844

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Effective date: December 18, 2017

Proposal publication date: October 13, 2017

For further information, please call: (512) 206-3489


16 TAC §45.85

The Texas Alcoholic Beverage Commission adopts amendments to §45.85, relating to Approval of Labels, without changes to the proposed text as published in the October 13, 2017 issue of the Texas Register (42 TexReg 5616).

House Bill No. 2299, 85th Regular Session of the Texas Legislature amended Alcoholic Beverage Code §101.67 regarding testing of malt beverages to verify alcohol content. Prior to the House Bill No. 2299 amendments, such testing had to be conducted by an independent, reputable laboratory or by the commission. The amendments deleted the reference to the reputation of independent laboratories, and added another category of laboratories eligible to verify alcohol content, i.e., laboratories certified by the U.S. Alcohol and Tobacco Trade Bureau as qualified for the analysis of beer for export.

The amendments to §45.85 conform the rule to Alcoholic Beverage Code §101.67 as amended by adding test results from qualified laboratories to those from independent laboratories as those which may be submitted in lieu of submitting a product sample in connection with an application for the approval of a label for a malt beverage.

In addition to amending the rule to reflect the recent legislative change, the commission has reviewed the section pursuant to Government Code §2001.039 and has determined that the need for the rule continues to exist but that the proposed changes to the current rule are appropriate.

No comments were received.

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 adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 28, 2017.

TRD-201704841

Martin Wilson

Assistant General Counsel

Texas Alcoholic Beverage Commission

Effective date: December 18, 2017

Proposal publication date: October 13, 2017

For further information, please call: (512) 206-3489