TABC Code and Rules
Texas Alcoholic Beverage Code
The Texas Alcoholic Beverage Code is made up of the guiding laws for the alcoholic beverage industry and passed by the Texas State Legislature.
After clicking the link below, choose "Alcoholic Beverage Code" in the Select Code dropdown menu.
TABC Administrative Rules
TABC’s Administrative Rules are created in an open and transparent process. Texas law gives TABC the ability to make the rules necessary to carry out the statutes adopted by lawmakers. Like other state agencies, TABC’s rules then become part of the Texas Administrative Code (Title 16, Part 3).
The Rulemaking Process
- Agency staff drafts a rule
- Staff usually holds a stakeholder meeting open to the public to gather feedback
- Commission votes on publishing the proposed rule for comment
- Proposed rule published in the Texas Register
- For 30 days after publication, members of the public can file written comments with the agency
- Staff holds a public hearing and receives oral comments
- Commission votes on adoption of rule
- Adopted rule published in Texas Register
- Rule becomes effective
This process is also followed for rule amendments and repeals. Throughout the process, staff may revise rules based on public feedback. A rule may repeat a step in certain instances, such as being tabled at a commission meeting to be sent to another stakeholder meeting to incorporate additional feedback.
A calendar of stakeholder meetings, commission meetings and public hearings is maintained on the TABC Agency Meetings and Events webpage. You can also sign up to receive email notifications by registering for the Industry Notifications email list through the agency's Social Media and Email Signup webpage.
Updates from Nov. 15 Commission Meeting
At the Nov. 15, 2022, Texas Alcoholic Beverage Commission meeting, the board voted to propose the following agency rules and policy.
The commission proposed the following new and amended rules and repeals:
- New Rule 33.81, Purchase of Alcoholic Beverages for Temporary Events: Clarifies that all alcoholic beverages can be purchased in the county of the event, with appropriate recordkeeping.
- New and Amended Chapter 31, Administration: Result from review of Chapter 31 of the commission’s rules pursuant to the regular four-year review cycle prescribed by Government Code §2001.039. Additionally, new Rule 31.11, Family Leave Pool, is proposed in compliance with Texas Government Code §661.022, which prescribes guidelines for state agency family leave pools.
- Amended Chapter 50, Seller Server Training: Adds definitions of terms for clarification of provisions that have historically caused some confusion among schools and students; removes a provision for unit-based instruction that no school has opted to use since the beginning of the program; removes obsolete technology references and ordering and issuing requirements for certificates; expands the categories of criminal offenses that the commission may consider to support a decision not to process a school’s application or a trainer’s application for a new or renewal permit; updates a reference to the course requirements for issuance of a renewal certificate to a school or trainer; and provides a 30-day limit for late application renewals.
- Repeal of Rules 31.10, Filing a Complaint, and 31.11, Resolution and Information on Complaints: Repeal of these two closely related rules to replace them with a single, consolidated and concise new Rule 31.10, Complaints, which will provide information about filing TABC complaints against a regulated entity or business as well as the agency’s complaint management process.
- Amended Rule 33.55, Conditional Approval: Ensure it is clearly indicated that a license or permit application approved before the fee payment clearing is only approved subject to the condition that the fees are paid. If those fees are not paid, the rule provides a clear procedure for revocation of conditional approval. This change will affect very few applicants as in most cases, confirmation of fee payment occurs prior to completion of the application review and approval.
Next steps: The proposed rules will be published in the Texas Register on the next available publication date. (published every Friday). A 30-day comment period and public hearing will follow publication. Changes may be made to these proposed rules in response to input received during this time.
The searchable document of all TABC rules is updated with adopted rules after every commission meeting by Legal Services. The most current version is posted to the TABC public website, typically before the next commission meeting. TABC (and other agencies') administrative rules are maintained by the Secretary of State website.