PART 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION
CHAPTER 34. SCHEDULE OF SANCTIONS AND PENALTIES
The Texas Alcoholic Beverage Commission (commission) adopts an amendment to §34.1, relating to the general provisions of the commission's schedule of sanctions and penalties rule, without changes to the proposed text as published in the February 6, 2009, issue of the Texas Register (34 TexReg 783).
The adopted amendment to §34.1(j) deletes "section" from the sentence and replaces it with "chapter". The provisions of Chapter 34, by its terms, apply only to settlements entered into by "agents, compliance officers or other specifically designated commission personnel." The use of the term "section" in subsection (j) has been erroneously interpreted to limit the exclusion of contested cases, complaints, or violations referred to the legal division to §34.1 of the chapter. The adopted change clarifies that the exclusion of cases referred to the legal division applies to the entire chapter, not just the general provisions section.
No comments were received as a result of the publication of the proposed amendment.
The adopted amendment to §34.1 is authorized by §5.362 of the Texas Alcoholic Beverage Code (code), which provides the commission with authority to adopt by rule the schedule of sanctions and penalties, and by §5.31 of the code, which provides the commission with authority to prescribe and publish rules necessary to carry out the provisions of the code.
Cross Reference: Sections 5.31 and 5.362, of the Alcoholic Beverage Code and Chapter 34 of the commission rules are affected by the adopted 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 May 5, 2009.
TRD-200901700
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: May 25, 2009
Proposal publication date: February 6, 2009
For further information, please call: (512) 206-3204