Part 2. PUBLIC UTILITY COMMISSION OF TEXAS
The Public Utility Commission of Texas (commission) adopts the repeal of §22.183 and adopts new §22.183, relating to Failure to Attend Hearing and Disposition by Default with no changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8241). The new rule will remove the restrictions on the types of proceedings that may proceed on a default basis and clarify the procedures that will be used to process proceedings if a party fails to appear for hearing, including more specific criteria for what types of notice must be provided to defaulting parties. Current §22.183, which is being repealed herein, allows disposition by default for proceedings initiated by the commission staff where allegations are made in a Notice of Violation, but the rule does not apply to the assessment of administrative penalties. Because the State Office of Administrative Hearings (SOAH) has adopted the commission's procedural rules, current §22.183 has had the effect of prohibiting the processing of Notices of Violation that seek administrative penalties when the party fails to appear for hearing, even though more severe actions such as license revocation are permitted. The new rule will remove the current restriction that prohibits default orders from assessing administrative penalties and would permit the assessment of penalties through a default order if a party fails to appear, consistent with the manner in which other regulatory agencies address such matters. The new rule is also intended to generally conform to the procedures used by the SOAH for other state agencies and provides clarity as to the forms of notice that must be given to an affected party prior to the issuance of a default order. The repeal of §22.183 and new §22.183 are adopted under Project Number 33864.
A public hearing was not requested, and the commission received no comments on the proposed repeal of §22.183 and adoption of new §22.183.
Subchapter J. SUMMARY PROCEEDINGS
This repeal is adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 2007 and Supp. 2007) (PURA), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; and PURA, §15.024, which provides the commission with the authority to assess a penalty against a person who fails to timely respond to a written notice summarizing an alleged violation and a corresponding recommended penalty.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, 14.052, and 15.024.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 31, 2008.
TRD-200800552
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 20, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 936-7223
This new section is adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated, §14.002 and §14.052 (Vernon 2007 and Supp. 2007) (PURA), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; and PURA, §15.024, which provides the commission with the authority to assess a penalty against a person who fails to timely respond to a written notice summarizing an alleged violation and a corresponding recommended penalty.
Cross Reference to Statutes: Public Utility Regulatory Act, §§14.002, 14.052, and 15.024.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 31, 2008.
TRD-200800553
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 20, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 936-7223
The Texas Alcoholic Beverage Commission (commission) adopts amendments to §31.4, relating to the placement of public information signs on the premises of alcoholic beverage license and permit holders with changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8243).
Senate Bill 904, §16, 80th Legislature, Regular Session, 2007, amended Chapter 11 of the Texas Alcoholic Beverage Code (Code) to add new §11.042 and §61.111 to the Code. These new sections provide that a holder of an on-premises license or permit shall display a warning sign on the door to each restroom on the premises informing the public of the risks of drinking alcohol during pregnancy. The sections also provide that the commission shall specify the language, size, and design of the required sign. The rule, as amended, is adopted to implement these sections.
The commission has received numerous comments on the proposed rule during the comment period. The commenters were individuals, the Texas Restaurant Association, the University of Texas Health Science Center at San Antonio, The March of Dimes, the Department of State Health Services, Community Mental Health & Substance Abuse, Office of Title V & Family Health, Texas Health and Human Resources Commission, Texas Office of Prevention of Developmental Disabilities, Greater Dallas Council on Alcohol and Drug Abuse, Rainbow Days, Inc., and State Representatives Jim Jackson and Vicki Truitt. The commenters were generally in favor of the rules; however, they suggested changes to the size, language and locations of the proposed sign. Changes to the rule text were made as indicated in the Responses to Comments. Additionally, reformatting was required to separate the types of public information signs.
Comment: Concerning the size of the sign all of those who commented felt that the size of the sign was not adequate. Most commentors agreed that the sign should be at least letter size, or 8 1/2 x 11 inches.
Response: The commission agrees and has changed the rule text to reflect the comments. The rule has also been reformatted to accommodate this change.
Comment: Concerning the specific language that is included on the sign most commentors believed that the language should be simple and direct, but also provide more information about the types of birth defects that can result from consuming alcohol during pregnancy. Many of the commentors referred the commission to language developed by the Surgeon General, the Center for Disease Control, the National Institute of Alcohol Abuse and Alcoholism, and the National Organization of Fetal Alcohol Syndrome. Many of the commentors suggested specific language developed for consumers by these organizations.
Response: The commission agrees with the comments and the rule text and formatting were changed as a result of these comments. The amended text reflects language developed for the public by the nationally recognized health organizations suggested by the commentors.
Comment: Concerning the location of the sign, several commentors felt that the commission should specify that the signs be placed in both the men's and the women's restrooms, because fathers should also be aware of the risks of consuming alcohol during pregnancy.
Response: Although the commission agrees with the commentors, no change was made to the rule text as a result of this comment. The proposed rule specified that the sign was to be displayed at the exit to all public restrooms, which includes men's, women's and restrooms accessible to both sexes.
Comment: Also concerning the location of the sign, some commentors suggested that the rule should specify that the sign be placed "at eye level" to ensure it would be seen by patrons as they exit the restroom.
Response: The commission agrees with the commentors. However "eye level" is a term that can vary based on the height of an individual. The rule text has been amended as a result of the comment to reflect that the sign will be placed so as to be "easily seen".
The amended rule is adopted under the authority of §5.31 of the Alcoholic Beverage Code (Code), which authorizes the commission to adopt rules necessary to carry out provisions of the Code and §11.042 and §61.111 of the Code, which provide specific authority for the commission to adopt a rule to implement the section.
Cross Reference: Sections 5.31, 11.042, and 61.111 of the Alcoholic Beverage Code are affected by the amendment.
§31.4.Public Information Signs.
(a) Any licensed business location in the state which sells or serves alcoholic beverages to the ultimate consumer shall display at his place of business in a prominent place easily seen by the public, i.e. near the door or by the cash register, a sign that provides the following information: "If you have a complaint about the sale or service of alcoholic beverages in this establishment, please contact the Texas Alcoholic Beverage Commission, P. O. Box 13127, Austin, Texas 78711-3127, or phone (512) 206-3333."
(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.
(b) Health Risk Warning Sign. A holder of a license or permit authorizing the sale of alcoholic beverages for on premises consumption shall display a health risks warning sign. The health risks warning sign must:
(1) be posted at each egress of all public restrooms on the licensed premises;
(2) be placed at a level where the sign can be easily seen by persons exiting the restroom;
(3) be not less than 8 1/2 x 11 inches in size;
(4) the following language shall be printed in English and in Spanish, in bold black type on a white surface, or other clearly legible graphic design, with a font or type set size of not less than 28 point Arial or Helvetica:
(c) The responsibility of furnishing the required signs in this section is the sole responsibility of the licensee or permittee.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 30, 2008.
TRD-200800547
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: February 19, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204
Subchapter C. LICENSE AND PERMIT ACTION
The Texas Alcoholic Beverage Commission (commission) adopts new §33.33, requiring permit and license holders to maintain a current and valid address on file with the commission without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8244). The adopted new section will not be republished.
The commission did not receive comments in response to the published proposed rule.
The new rule is adopted under the authority of §5.31 of the Alcoholic Beverage Code, which gives the commission authority to prescribe and publish rules necessary to carry out the provisions of the Texas Alcoholic Beverage Code.
Cross Reference: Section 5.31 of the Alcoholic Beverage Code is affected by the adopted rule.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 31, 2008.
TRD-200800550
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: February 20, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204
Subchapter C. RECORDS AND REPORTS BY LICENSEES AND PERMITTEES
The Texas Alcoholic Beverage Commission (commission) adopts amendments to §41.56, concerning out-of-state winery direct shipper's permits, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8246). The adopted rule amendment will not be republished.
The commission received no comments regarding the proposed rule during the comment period.
The adoption of the amended rule is authorized by §5.31 of the Alcoholic Beverage Code (Code) which gives the commission authority to prescribe and publish rules necessary to carry out the provisions of the Code and §54.06 of the Code which provides the commission with authority to establish rules for periodic reports by out-of-state winery direct shipper's permit holders.
Cross Reference: Sections 5.31 and 54.06 of the Alcoholic Beverage Code are affected by the adopted rule amendment.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 31, 2008.
TRD-200800551
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: February 20, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204