Texas Register, Volume 20, Number 51, Pages 4883-4959, July 4, 1995 Page: 4,899
4883-4959 p. ; 28 cm.View a full description of this periodical.
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(a) A surcharge of all original or
renewal permit or license fees set by the
Texas Alcoholic Beverage Code shall be
levied against all license and permit holders
as follows:
Figure 1: 16 TAC 33.23(a)
(1) The surcharge shall apply to
each brewpub licensed under Texas Alco-
holic Beverage Code, Chapter 74, even
though one or more are licensed under the
same general management or ownership.
(2) An organization which
meets the requirements for exemption from
a private club registration permit under the
Texas Alcoholic Beverage Code, 32.11, is
also exempt from the surcharge.
[(b) In order to cover the costs of
the administration of the mixed beverage
tax by the comptroller, all holders of mixed
beverage permits and private club registra-
tion permits shall pay in addition to the
surcharge levied in subsection (a) of this
section, an annual surcharge of $190.]
(b)[(c)] The surcharges shall be due
and payable at the same time and in the
same place and manner as the original or
renewal permit, certificate, or license fee to
which the surcharges apply.
(c)[(d)] Failure or refusal to timely
pay the license, certificate or permit sur-
charge shall be considered the same as fail-
ure to timely pay the original or renewal
*certificate, permit or license fee and the
same penalties will apply.
(d)[(e)] The amount of surcharge
due shall be determined by the issue date of
the permit or license and the surcharge in
effect under this rule on the issue date of
that license or permit.
(e)[(f)] This section shall take ef-
fect September 1, 1995 [1994].
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 26, 1995.
TRD-9507750 Doyne Bailey
Administrator
Texas Alcoholic Beverage
Commission
Earliest possible date of adoption: August 4,
1995
For further information, please call: (512)
206-3204
Chapter 39. Port of Entry
* 16 TAC 39.1
The Texas Alcoholic Beverage Commission
proposes an amendment to 39.1, concern-
ing tax stamps.
Jeannene Fox, director of Licensing and
Compliance, has determined that for the first
five-year period the section is in effect there
will be no fiscal implications for state or localgovernment as a result of enforcing or admin-
istering the section.
Ms. Fox also has determined that for each
year of the first five years the rule is in effect
the public benefit anticipated as a result of
enforcing the rule will be increased efficiency
in the administration of the alcoholic bever-
age tax stamp program. There will be no
effect on small businesses. There is no antici-
pated economic costs to persons who are
required to comply with the rule as proposed.
Comments on the proposal may be submitted
to Lou Bright, General Counsel, Texas Alco-
holic Beverage Commission, P.O. Box 13127,
Austin, Texas 78711.
The amendment is proposed under the au-
thority of 531 of the Texas Alcoholic Bever-
age Code.
Sections 201.74, 201.75, and 201.76 of the
Texas Alcoholic Beverage Code are affected
by this proposed rule.
39.1. Tax Stamps.
(a) (No change.)
(b) [All tax stamps issued by the
commission at ports of entry are supplied
by the state treasurer to the commission.]
Funds received by the commission from the
issuance of such stamps shall be deposited
by the commission representative in charge
at each respective port of entry in a bank or
banks designated by the administrator [and
shall be withdrawn only on drafts payable
to the state treasurer and signed by the
director of accounting and countersigned by
the administrator] and shall be
electronically transferred to the State
Treasury by the commission.
[(c) The value of all stamps re-
turned for any reason by the commission
are, upon delivery to the state treasurer, to
be applied as a credit on the commission's
account.]
(c)[(d)] It shall be unlawful for any
person to affix a state tax stamp to any
alcoholic beverage container unless such
stamp as indicated by its class corresponds
with the type of beverage in such container.
(d)[(e)] Any alcoholic beverage to
which a stamp of a different class has been
affixed shall be deemed an illicit beverage
and subject to confiscation.
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 26, 1995.
TRD-9507736 Doyne Bailey
Administrator
Texas Alcoholic Beverage
Commission
Earliest possible date of adoption: August 4,
1995
For further information, please call: (512)
206-3204TITLE 22. EXAMINING
BOARDS
Part XV. Texas State
Board of Pharmacy
Chapter 281. General
Provisions
* 22 TAC 281.24, 281.25
The Texas State Board of Pharmacy pro-
poses amendments to 281.24 and 281.25
concerning Grounds for Discipline for a Phar-
macist License and Grounds for Discipline for
a Pharmacy License.
The amendments to 281.24, if adopted, will
amend the rules to clarify that making a dis-
pensing error is unprofessional conduct and
grounds for discipline of a pharmacist license.
The other amendments to 281.24 and
281.25 are non-substantive changes to cor-
rect references to other sections of the rules.
Fred S. Brinkley, Jr., R.Ph., M.B.A., has de-
termined that for the first five-year period the
rules are in effect there will be no fiscal impli-
cations for state or local government as a
result of enforcing or administering the rules.
Mr. Brinkley also has determined that for
each year of the first five-year period the rule
will be in effect the public benefit anticipated
as a result of enforcing the rule will be to
protect the public health through the clarifica-
tion of the grounds for discipline of a pharma-
cist license. There will be no effect on small
businesses. There are not anticipated eco-
nomic costs to persons who are required to
comply with the rules as proposed.
Comments on the proposal may be submitted
to Gay Dodson, Director of Compliance, 8505
Cross Park Drive, Suite 110, Austin, Texas
78754.
The amendments are proposed under the
Texas Pharmacy Act (Texas Civil Statutes,
Article 4542-1, 16)(a) which specifies that
the Board has the authority to adopt rules for
the proper administration and enforcement of
the Act; 16(b)(3) which specifies that the
Board is responsible for the specification of
procedures for the delivery, dispensing in a
suitable container appropriately labeled; and
26(b) which specifies that the Board may
discipline a pharmacist's license or applica-
tion for a pharmacist's license if the licensee
or applicant has engaged in unprofessional
conduct as that term is defined by the rules of
the Board.
The statutes affected by the amendments:
Texas Civil Statutes, Article 4542a-1.
281.24. Grounds for Discipline for a
Pharmacist License.
(a) For the purposes of the Act,
26(a), "unprofessional conduct" shall in-
clude, but not be limited to:
(1)-(26) (No change.)
(27) the sale, purchase, or trade
or the offer to sell, purchase, or trade of
prescription drug samples; provided how-. PROPOSED RULES July 4, 1995 20 TexReg 4899
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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/m1/17/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.