TABC Code and Rules

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’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).

1. Agency staff drafts a rule
2. Staff usually holds a stakeholder meeting open to the public to gather feedback
3. Commission votes on publishing the proposed rule for comment
4. Proposed rule published in the Texas Register
5. For 30 days after publication, members of the public can file written comments with the agency
6. Staff holds a public hearing and receives oral comments
7. Commission votes on adoption of rule
8. Adopted rule published in Texas Register
9. 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.

At the Jan. 24, 2023, Texas Alcoholic Beverage Commission meeting, the board voted to adopt the following agency rules and policy.

The commission adopted the following new and amended rules and repeals:

• Repeal of Rules 31.10 and 31.11: The subject matter of the repealed rules is combined into a new §31.10, Complaints, adopted simultaneously with these repeals.
• New and Amended Chapter 31, Administration: These rules resulted 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 §31.11, Family Leave Pool, is adopted in compliance with Tex. Govt. Code §661.022, which prescribes guidelines for state agency family leave pools.
• Completion of Review of Chapter 31, Administration: Review of 16 Tex. Admin. Code §§31.2 and 31.12-31.13 in accordance with Texas Government Code §2001.039.
• Amended Rule 33.55, Conditional Approval: Indicates 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. 
• New Rule 35.1, Reporting a Breach of Peace: Clarifies the requirement that certain permit holders must report to TABC certain breaches of the peace occurring on property under their direct or indirect control.
• Repeal of Rule 35.32, Reporting a Breach of Peace: Repealed as part of the four-year cycle of review and revision of its rules prescribed by Government Code §2001.039.
• Amended Chapter 50, Seller Server Training:
  • Adds definitions of certain terms to address 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.
  • Provides a 30-day limit for late application renewals.

Next steps: A notice of adoption will be published in the Texas Register on the next available Texas Register publication date, along with the text of any rule that has substantively changed since the publication of the proposed rule and a response to any formal comments received by the agency during the comment period. Unless otherwise noted above, these rules will be effective 20 days after they are submitted to the Texas Register. 

If you have questions about rules or commission action on rules, email rules@tabc.texas.gov.

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.