TITLE 16.ECONOMIC REGULATION

Part 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION

Chapter 33. LICENSING

Subchapter A. APPLICATION PROCEDURES

16 TAC §33.9

The Texas Alcoholic Beverage Commission proposes new §33.9, governing the service fees to be charged for on-line internet transactions with the commission.

Lou Bright, General Counsel, has determined that for the first five-year period the rule is in effect there will be no fiscal impact on state or local government as a result of adopting this rule. The rule imposes a small fee for users of on-line services, but does not mandate such use or impose any fee on non-users. Therefore, there is no anticipated fiscal impact on small businesses.

Mr. Bright has also determined that for the first five years the rule is in effect the public will benefit because of the increased efficiencies offered by on-line licensing transactions.

Comments may be addressed to Lou Bright, General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711-3127.

The new rule is proposed under the authority of §5.31 of the Texas Alcoholic Beverage Code which authorizes the commission to prescribe and publish such rules as are necessary to carry out the provisions of the code.

Cross Reference: Section 5.55 of the Alcoholic Beverage Code is affected by this rule.

§33.9.Service Fees for On-Line Transaction and Credit Card Fees.

(a) This rule relates to §5.55 of the Alcoholic Beverage Code.

(b) A service fee of $0.50 shall be assessed for each on-line transaction.

(c) An additional fee of 2.25% of the total transaction amount shall be assessed for transactions paid by credit card.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 28, 2005.

TRD-200502652

Alan Steen

Administrator

Texas Alcoholic Beverage Commission

Earliest possible date of adoption: August 14, 2005

For further information, please call: (512) 206-3204