Proposed Rules Title 16

TITLE 16. ECONOMIC REGULATION

PART 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION

CHAPTER 31. ADMINISTRATION

The Texas Alcoholic Beverage Commission (commission) proposes the repeal of §31.1, relating to powers delegated to the administrator, and proposes new §31.1, relating to separation of duties between commission and administrator.

The rule was reviewed under Government Code, §2001.039, which requires that each state agency review and consider for readoption each rule adopted by that agency under Government Code, Chapter 2001 (Administrative Procedure Act). The commission has reviewed the rule and has determined that the reason for adopting the rule continues to exist.

Section 5.12 of the Alcoholic Beverage Code (Code) requires the commission to specify the duties and powers of the administrator by printed rules or policies. Section 5.12 was amended by S.B. 904, §8 (80th Legislature, Regular Session, 2007) to require commission rules and policies clearly separate the policy-making responsibilities of the commission from the management responsibilities of the administrator. The commission has determined that the existing §31.1 is outdated and should be repealed and a new §31.1 adopted to replace the repealed section.

Subsection (a) states the purpose of the section is to implement §5.12 and §5.31 of the Code.

Subsection (b) states the duties and authority granted to the commission by the Code that are being retained by the commissioners, consistent with the policy making functions of a state agency.

Subsection (c) states the duties and authority that the commission delegates to the administrator. These duties and authority are consistent with the effective and efficient management and operations of a state agency.

Charlie Kerr, Chief Financial Officer, has determined that for each year of the first five years that the section will be in effect, there will be no impact on state or local government. There will be no fiscal or regulatory impact on micro-businesses and small businesses or persons regulated by the commission. There is no anticipated negative impact on local employment.

Jose Cuevas, Jr., Chairman, and Steven M. Weinberg, MD, JD, and Melinda Fredricks, members of the commission, have determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section. In addition to stating the duties and authority of the commission and administrator generally, the rule sets forth the commitment of the commissioners and the administrator to service, courtesy, integrity, and accountability to the public.

Comments on the proposed repeal and proposed new rule may be submitted to Joan Carol Bates, Deputy General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711, or electronically to joan.bates@tabc.state.tx.us. Comments will be accepted for 30 days following publication of the proposed repeal and new rule in the Texas Register.

16 TAC §31.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Alcoholic Beverage Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The proposed repeal is authorized by Texas Alcoholic Beverage Code, §5.12 and §5.31, which grant specific and general rulemaking authority, and Government Code, §2001.039, which requires each agency review its rules each four years.

Cross Reference: Texas Alcoholic Beverage Code, Chapter 5, and Government Code, Chapter 2001 are affected by the proposed repeal.

§31.1.Powers Delegated to the Administrator.

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 May 7, 2009.

TRD-200901734

Alan Steen

Administrator

Texas Alcoholic Beverage Commission

Earliest possible date of adoption: June 21, 2009

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

16 TAC §31.1

The proposed new rule is authorized by Texas Alcoholic Beverage Code, §5.12 and §5.31, which grant specific and general rulemaking authority, and Government Code, §2001.039, which requires each agency review its rules each four years.

Cross Reference: Texas Alcoholic Beverage Code, Chapter 5, and Government Code, Chapter 2001 are affected by the proposed new rule.

§31.1.Separation of Duties Between Commission and Administrator.

(a) This rule implements §5.12 and §5.31 of the Alcoholic Beverage Code (Code), which requires the Texas Alcoholic Beverage Commission (commission) to adopt rules to clearly separate the policy-making authority of the commissioners from the management responsibilities of the administrator.

(b) The commission retains the duty and authority to:

(1) Establish agency policies and goals to carry out the duties and authority granted to the commission under the Code;

(2) Provide leadership and direction to ensure agency laws, rules, policies and goals are implemented in a responsible, effective and cost efficient manner;

(3) Ensure accountability and transparency within the agency and to the Governor, the Legislature, the public, and persons regulated;

(4) Appoint and remove the administrator;

(5) Adopt agency rules to implement statutory duties and agency policies;

(6) Employ or appoint and terminate or remove an internal auditor, adopt an audit plan, approve audit findings and ensure agency compliance with audit requirements;

(7) Exercise any authority and carry out any duty of the commission not delegated to the administrator.

(1) Plan and implement an effective an efficient operational and organizational structure;

(2) Act as the agency liaison and resource to the executive and legislative branch;

(3) Prepare and submit the agency budget and appropriations requests;

(4) Employ or appoint an executive management team with the skills, knowledge and commitment necessary to achieve the goals and implement the policies adopted by the commission;

(5) Assign and delegate to each member of the executive management team the responsibility and authority necessary to effectively administer all agency operations, duties and functions, implement policy, and manage staff and resources, including the authority to further delegate and assign the essential duties and responsibilities of the agency to ensure the highest and best use of agency staff and resources;

(6) Develop, monitor and report measures or expectations for the administrative, regulatory and enforcement functions of the agency to ensure that the agency goals are accomplished and policies followed;

(7) Develop and implement comprehensive and agency-wide internal policies and procedures necessary to carry out each essential function, duty, policy or goal of the agency;

(8) Ensure that all agency staff has access to, knowledge of and responsibility for consistently following policies adopted by the commission and agency-wide internal policies and procedures;

(9) Administer the oath of office or commission to agency staff and agents;

(10) Render, or delegate to agency staff, the agency decision or order in any matter over which the agency has final decision-making authority.