Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004 Page: 7,029
7013-7230 p. ; 28 cm.View a full description of this periodical.
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(2) No malt beverage containing 4.0% of alcohol by weight
or less shall be designated in any advertisement as an "ale" or "malt
liquor." ["ale" "poer," or "-steu or by any other class or type desig-
nation common applied to malt beverages containing 4:0% er more
of aloeehol by weigh]
(d) Curative and therapeutic effect. The advertisement shall
not contain any statement, design, or device representing that the use of
any malt beverage has curative or therapeutic effects if such statement
is untrue in any particular, or tends to create a misleading impression.
(e) Confusion of brands. Two or more different brands or lots
of malt beverages shall not be advertised in one advertisement (or in
two or more advertisements in one issue of a periodical or newspaper
or in one piece of other written, printed, or graphic matter) if the ad-
vertisement tends to create the impression that representations made as
to one brand or lot apply to the other or others, and if as to such latter
the representations made as to one brand or lot applied to the other or
others, and if as to such latter the representations contravene any pro-
vision of this subchapter or are in any respect untrue.
(f) Statements, seals, flags, coat of arms, crests, or other in-
signia, or graphic or pictorial or emblematic representations thereof,
likely to mislead the consumer to believe that the product has been en-
dorsed, made, or used by or produced for or under the supervision of
or in accordance with, the specifications of the government, organiza-
tion, family, or individual with whom such statement, seal, flag, coat
of arms, crest, or insignia is associated, are prohibited.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 12, 2004.
TRD-200404475
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: August 22, 2004
For further information, please call: (512) 206-3204
TITLE 19. EDUCATION
PART 7. STATE BOARD FOR
EDUCATOR CERTIFICATION
CHAPTER 232. GENERAL REQUIREMENTS
APPLICABLE TO ALL CERTIFICATES ISSUED
SUBCHAPTER R. CERTIFICATE RENEWAL
AND CONTINUING PROFESSIONAL
EDUCATION REQUIREMENTS
19 TAC 232.850, 232.851
The State Board for Educator Certification proposes amend-
ments to 232.850 and 232.851, relating to Certificate
Renewal and Continuing Professional Education Requirements
that would establish a prorated schedule of continuing profes-
sional education (CPE) hours that may be used by educators
seeking to renew multiple classes of standard certificates issued
with different effective dates during the same five-year renewal
cycle.The proposed amendments would provide relief to educators
who have a limited period of time to complete CPE hours for
renewal of an additional class of standard certificate issued late
in the five-year renewal cycle.
The proposed amendments would accomplish the following: (1)
change language in 232.850 to indicate that the appropriate
number of CPE hours must be completed during each five-year
renewal period for each class of certificate held; (2) add lan-
guage in 232.850 that would allow educators who are issued an
additional class of certificate after the beginning of the five-year
renewal cycle to satisfy renewal requirements by completing a
minimum of one-fifth of the required CPE hours for each full year
that the additional class of certificate is valid; (3) add language
to 232.851 to clarify that the holder of more than one class of
standard certificate would be required to complete no more than
200 CPE hours for renewal of all certificates held.
Steve Wright, Chief Financial Officer, State Board for Educa-
tor Certification, has determined for the first five-year period the
rules are in effect, there will be no fiscal implications for state
or local government as a result of enforcing or administering the
rules.
Lisa Patterson, Legal Services, State Board for Educator Certi-
fication, has determined that for each year of the first five years
the rules are in effect, the public benefit anticipated as a result
of enforcing the rules will be efficient and updated rules govern-
ing the assignment of public school educators. The purpose of
the rules is to clarify renewal requirements and provide relief to
educators who will renew multiple classes of certificates issued
during the same five-year renewal cycle.
In accordance with Section 2001.022, Government Code,
SBEC has determined that the adopted rule will not impact
local economies and, therefore, has not filed a request for a
local employment impact statement with the Texas Workforce
Commission.
There are no anticipated economic costs to persons who are
required to comply with the rules as proposed. There will be no
affect to small or micro businesses.
If adopted, the proposed rules would be a governmental action
providing for the certification of a public school educator and reg-
ulating a school district's assignment of a holder of an educator
certificate, which is a state-granted privilege, in accordance with
Chapter 21, Subchapter B, Education Code, and therefore would
not affect private real property under the Private Real Property
Preservation Act in Government Code, Chapter 2007.
Comments regarding the proposed amendments may be sub-
mitted to Lisa Patterson, Legal Services, State Board for Educa-
tor Certification, Capitol Station, P.O. Box 12728, Austin, Texas
78711-2728, or by e-mail at "lisa.patterson@sbec.state.tx.us."
The amendments are proposed under the statutory authority of
the following Education Code sections: Section 21.031 (a), which
vests SBEC with the authority to regulate and oversee all aspects
of the certification, continuing education, and standards of con-
duct of public school educators; and Section 21.041(b)(1), Edu-
cation Code, which requires SBEC to propose rules that provide
for the regulation of educators and the general administration
of Chapter 21, Subchapter B, in a manner consistent with that
subchapter; and Section 21.041(b)(2), which requires SBEC to
specify the classes of certificates to be issued.
No other statutes, articles, or codes are affected by the proposed
amendments.PROPOSED RULES July 23, 2004 29 TexReg 7029
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Texas. Secretary of State. Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004, periodical, July 23, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101134/m1/16/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.