Texas Register, Volume 38, Number 33, Pages 5135-5370, August 16, 2013 Page: 5,165
5135-5370 p. ; 28 cm.View a full description of this periodical.
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commission intends to repeal 41.72 if this proposed amend-
ment to 41.71 is adopted.
The proposed amendment also imposes new obligations on local
distributors regarding invoicing and recordkeeping that the com-
mission believes are necessary to protect the integrity of the tax
identification stamp system, which is integral to the taxing and
regulatory regime for distilled spirits.
Finally, the proposed amendment implements the requirement
in House Bill 2460, 83rd Legislature, Regular Session, that a
mixed beverage permittee or private club registration permittee
may not possess an identification stamp unless it is affixed to a
bottle.
Section 41.71 was also reviewed under Government Code
2001.039, which requires each state agency to periodically
review and consider for readoption each of its rules. The com-
mission has determined that the need for the rule continues to
exist but that it should be amended.
Martin Wilson, Assistant General Counsel, has determined that
for each year of the first five years that the proposed amendment
will be in effect, there will be no fiscal impact on state or local
government.
The proposed amendment could have some fiscal or regula-
tory impact on certain micro-businesses and small businesses or
persons regulated by the commission. The commission cannot
quantify such impacts but invites comments on them during the
comment period after publication in the Texas Register. There is
no anticipated negative impact on local employment.
Mr. Wilson has determined that for each year of the first five
years that the proposed amendment will be in effect, the public
will benefit because the integrity of the tax identification stamp
system, which is integral to the taxing and regulatory regime for
distilled spirits, will be enhanced.
Comments on the proposed amendment may be submitted in
writing to Martin Wilson, Assistant General Counsel, Texas Alco-
holic Beverage Commission, at P.O. Box 13127, Austin, Texas
78711-3127 or by facsimile transmission to (512) 206-3280.
They may also be submitted electronically through the com-
mission's public website at http://www.tabc.state.tx.us/laws/pro-
posed_rules.asp. Comments will be accepted for 30 days
following publication in the Texas Register.
The staff of the commission will hold a public hearing to receive
oral comments on the proposed amendment on August 28,
2013, at 1:30 p.m. in the commission meeting room at the
commission's headquarters, which is located at 5806 Mesa
Drive in Austin, Texas. Staff will not respond to comments at
the public hearing. The commission's response to comments
received at the public hearing will be in the adoption preamble.
The commission designates this public hearing as the oppor-
tunity to make oral comments if you wish to ensure that the
commission will respond to them formally under Government
Code 2001.033. Persons with disabilities who plan to attend
this hearing and who may need auxiliary aids or services (such
as interpreters for persons who are deaf, hearing impaired
readers, large print, or Braille) are requested to contact Gloria
Darden Reed at (512) 206-3221 (voice), (512) 206-3259 (fax),
or 1-800-735-2989 (TTYITDD), at least three days prior to the
meeting so that the appropriate arrangements can be made.
The proposed amendment is authorized by Alcoholic Beverage
Code 5.31, which grants authority to prescribe rules necessary
to carry out the provisions of the Code, and by Government Code2001.039, which requires the agency to periodically review its
rules to determine whether the need for them continues to exist.
The proposed amendment affects Alcoholic Beverage Code
5.31, 28.151 and 32.201 and Government Code 2001.039.
41.71. Identification Stamps and Local Distributor's Records
f[Per ittees].
(a) Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context
clearly indicates otherwise:
(1) Identification stamp--The identification stamp men-
tioned in 28.15 and 32.20 [22-1] of the Alcoholic Beverage
Code.
(2) Invoice--An instrument issued by the seller of alcoholic
beverages to a permittee.
(3) Mutilate--To scratch, cut, tear, or abrade in a manner
which inflicts obvious and substantial damage to the stamp but does
not totally remove or obliterate the stamp.
(4) Retail permittee--The holder of a mixed beverage per-
mit, a private club registration permit, or private club exemption cer-
tificate permit.
(b) [Records.] The holder of a local distributor's permit shall
keep any record required by any rule of the commission or by the Alco-
holic Beverage Code for a period of two years on his licensed premises
and shall make any such record available to a representative of the com-
mission upon request within a reasonable time.
(c) [Identification stamps.] Identification stamps shall be af-
fixed only by the holder of a local distributor's permit to whom such
stamps have been issued by the commission. When affixing identifi-
cation stamps, the holder of a local distributor's permit shall affix each
identification stamp near the top of the brand label of the bottle of dis-
tilled spirits in such a manner that some portion of the identification
stamp covers and is attached to some portion of the brand label, but
does not cover any information on the brand label. "Brand label" means
the principal display panel that is most likely to be displayed, presented,
shown, or examined under normal and customary conditions of display
for retail sale.
(d) Transaction records.
(1) Each holder of a local distributor's permit shall prepare
a record making an entry thereon on each date there occurs any of the
following transactions involving identification stamps and showing the
following:
(A) quantity of identification stamps received;
(B) quantity and serial numbers of identification stamps
affixed, and also showing the invoice date, invoice number, retailer
trade name, and retailer permit number;
(C) quantity of identification stamps on hand after each
receipt or affixing of such stamps;
(D) when the holder of a local distributor's permit af-
fixes identification stamps prior to the sale of such stamped merchan-
dise, he shall also record the date the merchandise is stamped showing
the number of stamps used per brand and size. Stamped merchandise
shall be stored separately from all other merchandise on hand. Stamps
issued from pre-stamped stock must be listed individually per invoice
line item on sales invoices prepared for retail sales.
(E) The serial number of each stamp issued, lost, stolen,
voided, destroyed, or issued as a replacement stamp must be recorded.PROPOSED RULES August 16, 2013 38 TexReg 5165
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Texas. Secretary of State. Texas Register, Volume 38, Number 33, Pages 5135-5370, August 16, 2013, periodical, August 16, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342087/m1/31/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.