TITLE 16. ECONOMIC REGULATION

PART 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION

CHAPTER 33. LICENSING

SUBCHAPTER A. APPLICATIONS

16 TAC §33.3

The Texas Alcoholic Beverage Commission (TABC, agency, or commission) adopts amended §33.3, Process to Apply for License or Permit, without changes to the proposed text as published in the February 12, 2021, issue of the Texas Register (46 TexReg 1008). The rule will not be republished.

The amendment requires that all applications for renewal of an existing license or permit be filed no earlier than 30 days prior to expiration. The amendment brings the timeline for filing all renewal applications for permits in line with licenses (in §61.48 of the Code) and private clubs (in §32.04(c) of the Code). There is no logical or statutory basis for treating the permit types differently in this regard. Requiring all renewal applications to follow the same rule will reduce confusion and enable the agency to better plan for its application processing needs.

No comments were received.

The amendment is adopted pursuant to the commission's authority under §5.31 of the Code to prescribe and publish 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 March 26, 2021.

TRD-202101337

Shana Horton

Rules Attorney

Texas Alcoholic Beverage Commission

Effective date: April 15, 2021

Proposal publication date: February 12, 2021

For further information, please call: (512) 487-9905


16 TAC §33.16

The Texas Alcoholic Beverage Commission (TABC, agency, or commission) adopts new §33.16, Application Rules Applicable to 2021 Technology Transition, without changes to the proposed text as published in the February 12, 2021, issue of the Texas Register (46 TexReg 1010). The rule will not be republished.

On September 1, 2021, the agency will make three transitions precipitated by legislative action during the 86th Texas Legislative Session in 2019: from current fees to new fees; from the current set of licenses and permits to a more streamlined set; and from an outdated application processing system to a new, more efficient one. The commission determined that a rule is necessary to ensure an orderly transition and transparent, consistent commission action on applications filed around the time of the transition.

No comments were received.

The rule is adopted pursuant to the commission's authority under §5.31 of the Code to prescribe and publish 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 March 26, 2021.

TRD-202101338

Shana Horton

Rules Attorney

Texas Alcoholic Beverage Commission

Effective date: April 15, 2021

Proposal publication date: February 12, 2021

For further information, please call: (512) 487-9905