Texas Register, Volume 20, Number 51, Pages 4883-4959, July 4, 1995 Page: 4,897
4883-4959 p. ; 28 cm.View a full description of this periodical.
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consumers; and Texas Natural Resources
Code, 113.243(c)(6), which authorizes the
commission to use money in the Alternative
Fuels Research and Education Fund to im-
plement programs necessary to promote the
use of LPG or other environmentally benefi-
cial alternative fuels.
The following is the statute, article, or code
affected by the proposed amendments:
Texas Natural Resources Code,
113.243(c)(2), 113.243(c)(6); 113.248,
113.249, and 113.250.
15.205. Definitions. The following words
and terms, when used in this section, shall
have the following meanings, unless the
context clearly indicates otherwise.
Commission advertising-Advertis-
ing produced or approved by the division,
including, but not limited to. print adver-
tisements, billboards, written radio copy or
[fully produced] radio or television com-
mercials.
Eligible media outlet-A radio or
television station or cable franchise licensed
by the Federal Communications Commis-
sion; a weekly or daily published newspa-
per; a weekly, monthly or bi-monthly
magazine; a provider of billboard adver-
tising; or a publisher of an annual or sea-
sonal special events program that regularly
accepts paid advertising, including, but not
limited to, souvenir programs for sporting
events, musical events or theatrical produc-
tions. The term does not include dealer-
published newsletters, fliers or specialty ad-
vertising.
Eligible media purchase-Any pay-
ment for commission advertising displayed
or broadcast in or on eligible media.
[Program year-The one-year period
beginning on August 22, 1994, and ending
on August 21, 1995.]
15.210. Establishment; Duration. The
media rebate program is hereby established
on the effective date of this undesignated
head (relating to the Alternative Fuels Re-
search and Education Division). The com-
mission may terminate this rebate program
at any time. [The program shall terminate
on August 22, 1995, unless the commission
amends this subsection to continue it in
effect past that date.]
15.215. Eligibility.
(a) To be eligible for a rebate under
this program, a propane dealer must docu-
ment, using forms prescribed by the com-
mission for the purpose, that an eligible
media purchase has been made from an
eligible media outlet.
(b) Existing commission advertis-
ing that is altered in form, content, or
both form and content may be eligible for
a rebate if written approval is obtained
from the division director prior to use of
the advertising.(c) The commission may, at its
sole discretion, find non-commission ad-
vertising eligible for a rebate if the adver-
tising complements existing commission
advertising and promotes propane and
the propane industry generally, and if
written approval is obtained from the
division director prior to use of the ad-
vertising.
(d) Advertising is not eligible for
a rebate under this program if, in the
commission's sole judgment, the advertis-
ing is anti-competitive, promotes one
company over another, mentions a spe-
cific brand name or names, or is other-
wise detrimental to the promotion of
propane as an environmentally beneficial
alternative fuel.
(e)[(b)] No more than one rebate
may be paid for each eligible media pur-
chase.
(f)[(c)] The commission may limit
the total percentage and amount of rebates
that may be paid to any applicant.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on June 27, 1995.TRD-9507923
Mary Ross McDonald
Assistant Director, Legal
Division, Gas
Utitles/LP Gas
Railroad Commission of
TexasEarliest possible date of adoption: August 4,
1995
For further information, please call: (512)
463-7008
Part III. Texas Alcoholic
Beverage Commission
Chapter 33. Licensing
Application Procedures
* 16 TAC 33.5
The Texas Alcoholic Beverage Commission
proposes new 33.5, concerning the fee and
requirements for holders of food and bever-
age certificates as required by Texas Alco-
holic Beverage Code, 25.13(b) and (c),
28.18(b) and (c), 32.23(b) and (c) and
69.16(b) and (c).
Jeannene Fox, Director of License and Com-
pliance, has determined that the estimated
revenues the first five years to be $300,000
and $500,000 for each year thereafter with an
estimated cost of $500,000 each year. There
will be no fiscal implications for units of local
government.
Jeannene Fox also has determined the public
benefit is that for each year of the first five
years the section is in effect the public benefit
anticipated as a result of enforcing the sec-tion will be that the commission may appro-
priately identify those licenses or permits
whose primary business is that of a food
service establishment and will lead to better
regulation through the unique identification of
the marketing of alcoholic beverages.
Comments on the proposal may be submitted
to Lou Bright, Legal Counsel, Texas Alcoholic
Beverage Commission, P O. Box 13127,
Austin, Texas 78711
The new section is proposed under the au-
thority of 5.31, Texas Alcoholic Beverage
Code, which provides the Alcoholic Beverage
Commission with the authority to prescribe
and publish rules necessary to carry out the
provisions of the Texas Alcoholic Beverage
Code.
Cross Reference to Statute: 25.13, 28.18,
32.23 and 69.16, Texas Alcoholic Beverage
Code.
33.5. Food and Beverage Certificate.
(a) Each applicant for an original or
renewal food and beverage certificate shall
include all information required by the com-
mission to insure compliance with all appli-
cable statutes and rules and regulations of
the agency.
(b) Application for the certificate
shall be upon forms provided by the
agency.
(c) The annual certificate fee for
each location is $100 and must be submitted
in the form of a cashier's check or U.S.
postal money order payable to the Texas
Alcoholic Beverage Commission.
(d) The following words and terms,
when used in this chapter, shall have the
following meaning unless the context
clearly indicates otherwise:
(1) Food service-cooking or as-
sembling food on premise primarily for on-
premise consumption. Commercially pre-
packaged items which require no cooking or
assembly and which may be purchased off-
premise do not constitute food service under
this section;
(2) Entree-main dish of a meal;
(3) Multiple entrees-no fewer
than eight different entrees per meal period
must be available to customers; and
(4) Food service facilities-a por-
tion of the licensed premises where food is
stored and prepared primarily for on-
premise consumption.
(e) An applicant is not qualified for
a food and beverage certificate unless the
following conditions, in addition to other
requirements, are satisfied:
(1) the primary business on the
premises is food service;
(2) multiple entrees are avail-
able to customers;* PROPOSED RULES July 4, 1995 20 TexReg 4897
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Texas. Secretary of State. Texas Register, Volume 20, Number 51, Pages 4883-4959, July 4, 1995, periodical, July 4, 1995; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176788/m1/15/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.