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 the July 26 Commission Meeting
At the July 26, 2022, Texas Alcoholic Beverage Commission meeting, the board voted to take the following rule actions:
Rules proposed by the commission will be published in the Texas Register on the next available publication date (the second Friday after the commission meeting). Publication starts a 30-day period during which anyone may provide TABC with comments about the proposed rule. TABC may make changes to the rule proposal based on comments received. View upcoming public meetings for opportunities for public comment.
- Amended Rule 33.73, General Provisions: Removes references to statutes that have been repealed by the Texas Legislature.
- Amended Rule 33.78, Nonprofit Entity at Temporary Events: Restores the authority of Nonprofit Entity Temporary Event Permit (NT) holders to conduct an auction at a licensed premises.
- Amended Rule 33.94, Reporting Permit or License Changes: Ensures the commission retains the ability to request any information it needs to determine whether a reportable change has occurred; updates language to accommodate use of the agency’s new online portal for reporting changes; and uses the active voice in sections requiring license or permit holder compliance to support enforcement of them.
- Amended Rule 45.117, Gifts and Advertising Specialties: Places current practices in rule, authorizing wholesalers to furnish signs to retailers, which aligns with authority in Rule 45.113 for distributors and brewers authorized to furnish signs to retailers. Changes support guidance provided in the e-commerce advisory.
- New Rule 33.81, Purchase of Alcoholic Beverages for a Temporary Event: Clarifies, for Mixed Beverage Permits (MBs) and Private Club Registration Permits (Ns), the source of malt beverages and wine for temporary events in a county different than the county of the primary premises.
- New Rule 35.1, Reporting a Breach of the Peace: Clarifies that the holder any of the following permits must report to the TABC certain breaches of the peace occurring on property under their direct or indirect control: package store, wine only package store, wine and malt beverage retailer’s on- or off-premises, mixed beverage, private club registration, and retail dealer’s on- or off-premises permits.
- Repeal of Rule 35.32, Reporting a Breach of the Peace: Repealed and replaced by Rule 35.1 above.
- Repeal of Rule 41.48, Changes Relating to Control: Removes outdated Rule 41.48, Changes Relating to Control.
Next steps: The above rules will be discussed at an upcoming public hearing. View upcoming public meetings for opportunities for public comment.
The commission adopted the following rules and repeals:
- Amended Rule 31.9, Public Safety Advisory Committee: Rule amended to allow a committee member to be a retired federal or state law enforcement officer in good standing.
- Repeal of Rule 33.16, Application Rules Applicable to 2021 Technology Transition: Repeals a temporary rule put in place to allow industry and the agency to transition to the Alcohol Industry Management System (AIMS) in 2021.
Next steps: A notice of adoption will be published in the Texas Register on the next available Texas Register publication date (two Fridays after the commission meeting). The notice will include the text of any rule that has substantively changed since the publication of the proposed rule as well as a response to any formal comments received by the agency during the comment period. Unless otherwise noted above, the rule will be effective 20 days after it is submitted to the Texas Register.
Tabled Until Next Commission Meeting
- New Ch. 49, Safe Harbor: Provides clear definitions to aid in interpretation of the rules and they better reflect the agency’s analysis of liability for the actions of a seller or server.
- Repeal of Rules 34.20-34.22, Safe Harbor
Next steps: The above rules will be discussed at an upcoming stakeholder meeting. View upcoming public meetings for opportunities for public comment.
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.