Part 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION
Chapter 45. MARKETING PRACTICES
Subchapter C. STANDARDS OF IDENTITY FOR MALT BEVERAGES
The Texas Alcoholic Beverage Commission adopts the amendment of §45.71, relating to definitions under Chapter 45, Subchapter C, relating to standards of identity for malt beverages, and §45.85, relating to approval of labels of malt beverages, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8247). The rule will not be republished.
The commission received no comments regarding the proposed rules 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 Code and §101.67 of the Code, which provides the commission with authority to establish rules for submitting samples and assessing a fee for administration of the section.
Cross Reference: Sections 5.31 and 101.67 of the Alcoholic Beverage Code are affected by the amended rules.
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 February 8, 2008.
TRD-200800781
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: February 28, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204
The Texas Commission of Licensing and Regulation ("Commission") adopts amendments to 16 TAC Chapter 61, §61.48, regarding the regulation of combative sports without changes to the proposed text as published in the August 24, 2007, issue of the Texas Register (32 TexReg 5271) and will not be republished.
Section 61.48(e) is amended to increase the minimum insurance coverage that is required to be provided by an amateur combative sports association (ACSA) so that the coverage required for injuries sustained in an event is $50,000 and for payment in the case of death is $100,000. Section 61.48(h)(3) is amended to require that the physicians provided for an event by an ACSA must be registered by the department. Since physicians that register with the department are required to be licensed, this subsection is also amended to delete the requirement in this subsection that the physician must be licensed.
The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposal was published in the Texas Register on August 24, 2007. The comment period closed on September 24, 2007. The proposed amendment to §61.48 was submitted to the Medical Advisory Committee at its meeting on July 27, 2007 along with 11 other amendments. Written comments on §61.48(e) were received from the Texas Amateur Mixed Martial Arts Association (TAMMA) and an individual. At the October 30, 2007, Commission meeting, TAMMA officials also presented oral comments. The Commission adopted the 11 other proposed amendments to the combative sports rules effective December 1, 2007, but directed staff to re-consider the recommendation to amend §61.48 in light of the comments submitted on this proposed amendment.
The comment from TAMMA states that its insurance company is unable to write insurance policies for amateur events above a $50,000 death benefit. Further, TAMMA asserts that the increased limits will effectively stop all amateur events in Texas; TAMMA events have not had a single serious injury or claim in the last 10 months; and admission price increases will not be able to support the increased cost of the requirement. The individual commenter notes that such an increase is arbitrary and unduly burdensome especially since there have been no significant injuries to an amateur competitor in a sanctioned event. The commenter expresses the concern that this rule amendment will limit licensed and regulated events and therefore increase underground unlicensed and inherently dangerous competitions.
The oral comments at the Commission meeting restated the two main contentions that were expressed in writing: 1) that there is only one company that will provide insurance at the proposed level; and 2) that the cost for that coverage would create a financial burden in excess of the income potential for these amateur events, thus effectively ending these worthwhile activities.
Additional research by staff has identified at least two companies that provide insurance coverage with a $100,000 death benefit. Historically, there have not been a large number of insurance providers in this field. This research confirms that the cost of the additional coverage will increase in the range of $500 to $2000, depending on the deductible and other conditions of the policy. Staff disagrees with the comments that the increased insurance coverages will be difficult to obtain and will be prohibitively expensive. While the increased cost may be viewed as significant, staff nonetheless maintains that the increased cost is minimal in comparison to the risk to which these individuals are exposed and in light of the level of injuries that can be sustained in these events. The amendment is adopted as proposed.
The amendments are adopted under Texas Occupations Code, Chapter 51 and Chapter 2052, which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 2052 and Chapter 51. No other statutes, articles, or codes are affected by the adoption.
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 February 7, 2008.
TRD-200800745
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2008
Proposal publication date: August 24, 2007
For further information, please call: (512) 463-7348
The Texas Commission of Licensing and Regulation ("Commission") adopts amendments to 16 TAC Chapter 61, §61.80, regarding the combative sports program fees without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9203) and will not be republished.
The amendment to §61.80 reduces the annual license application and renewal fees for a contestant from $30 to $20 and reduces the permit fee per live professional event and the simultaneous telecast of a live contest on a closed circuit telecast in which fees are charged for admission, from $500 to $100.
The Department is required to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction. The fees currently in place are above the amount required by the Department to cover costs. The decrease will not adversely affect the administration and enforcement of the combative sports program.
The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposal was published in the Texas Register on December 14, 2007. The comment period closed on January 14, 2008. No public comments were received regarding the proposed rule.
The amendments are adopted under Texas Occupations Code, Chapters 51 and 2052, which authorize the Department to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 2052. No other statutes, articles, or codes are affected by the adoption.
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 February 7, 2008.
TRD-200800746
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 463-7348
The Texas Commission of Licensing and Regulation ("Commission") adopts amendments to 16 TAC Chapter 64, §64.80, regarding the temporary common worker employers application fees for initial and renewal licenses without changes to the proposed text as published in the October 12, 2007, issue of the Texas Register (32 TexReg 7178) and will not be republished.
Based on the Department's annual fee review conducted pursuant to Texas Occupations Code, §51.202, the Commission voted at its meeting on September 21, 2007, to decrease the application fees for initial and renewal licenses in the temporary common worker employers program because the application fees for initial and renewal licenses currently in place were above the amount required by the Department to cover costs. The decrease would not adversely affect the administration and enforcement of the temporary common worker employers program.
The amendment to §64.80(a) lowers the application fee for an initial license from $550 to $150. The amendment to §64.80(b) lowers the application fee for a renewal license from $550 to $150.
The proposed amendments were published in the Texas Register on October 12, 2007. The comment period closed on November 12, 2007. The Department did not receive any public comments on the proposed amendments to the existing rule.
The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Labor Code, Chapter 92, which authorizes the Commission to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Texas Labor Code, Chapter 92. No other statutes, articles, or codes are affected by the adoption.
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 February 7, 2008.
TRD-200800747
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2008
Proposal publication date: October 12, 2007
For further information, please call: (512) 463-7348
The Texas Commission of Licensing and Regulation ("Commission") adopts amendments to 16 TAC Chapter 71, §71.80 and §71.90, regarding the original and renewal registration fees and administrative penalties and sanctions for the warrantors of vehicle protection products without changes to the proposed text as published in the October 12, 2007, issue of the Texas Register (32 TexReg 7179) and will not be republished.
Based on the Department's annual fee review conducted pursuant to Texas Occupations Code, §51.202, the Commission voted at its meeting on September 21, 2007, to decrease the original and renewal registration fees for the warrantors of vehicle protection products because the fees currently in place are above the amount required by the Department to cover program costs. The decrease in fees will not adversely affect the administration and enforcement of the warrantors of vehicle protection products program. In addition to the fee changes, a few technical changes were made to the administrative penalties and sanctions section of the rules.
The amendment to §71.80(b) lowers the original registration fee for a warrantor of vehicle protection products from $500 to $350.
The amendment to §71.80(c) lowers the renewal registration fees for registrants who are warrantors of vehicle protection product (VPP) warranties. The renewal fees are based on the number of VPP warranties a warrantor has during the twelve (12) months preceding the date of the renewal application. For warrantors with 0 - 999 VPP warranties, the renewal fee has been reduced from $500 to $350; for warrantors with 1,000 - 1,999 VPP warranties, the renewal fee has been reduced from $1,000 to $750; and for warrantors with 2,000 or more VPP warranties, the renewal fee has been reduced from $1,500 to $1,000.
The amendment to §71.90 clarifies the sanction and penalty grounds by adding a general reference to the Commission rules and removing the specific reference to 16 Texas Administrative Code, Chapter 60.
The proposed amendments were published in the Texas Register on October 12, 2007. The comment period closed on November 12, 2007. The Department did not receive any public comments on the proposed rules.
The amendments are adopted under Texas Occupations Code, Chapters 51 and 2306, which authorizes the Commission to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 2306. No other statutes, articles, or codes are affected by the adoption.
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 February 7, 2008.
TRD-200800748
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2008
Proposal publication date: October 12, 2007
For further information, please call: (512) 463-7348
The Texas Commission of Licensing and Regulation ("Commission") adopts amendments to existing rules at 16 Texas Administrative Code, ("TAC"), Chapter 73, §73.10 and §73.100 regarding the electricians program as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9203), without changes, and will not be republished.
The amendment to §73.10 adds a definition of the term "offer to perform" found in Texas Occupations Code §1305.151l to clarify and memorialize the agency's long-standing interpretation that advertising as an electrical contractor or electrical sign contractor or advertising that one performs electrical work or electrical sign work is an "offer to perform" within the meaning of the statutory provision that requires persons or entities who perform or offer to perform electrical work to be licensed.
The amendment to §73.100 adopts the most recent version of the National Electrical Code as the code for the state. This rule is necessary to comply with the provisions of Texas Occupations Code, §1305.101(a)(2) which requires the Commission to adopt the revised code after it is amended and published every three years.
Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposal was published in the Texas Register on December 14, 2007. The comment period closed on January 14, 2008. No public comments were received regarding the proposed rules.
The amendments are adopted under Texas Occupations Code, Chapter 1305 and Chapter 51, which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 1305 and Chapter 51. No other statutes, articles, or codes are affected by the adoption.
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 February 7, 2008.
TRD-200800749
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 463-7348