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. 

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).

You can view the Code in the first link below by choosing "Alcoholic Beverage Code" in the Select Code dropdown menu. Then you can filter by chapter and section.

You can also view the entire Code text in the linked PDF document below. Because of how long the Code is, it might take a moment to download it.

You can view the TABC Rules by chapter and section on the Secretary of State's site. You can also view them in one PDF. Because of how long the Rules are, it might take a moment to download them.

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 page. 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 page.

At the Nov. 14, 2024, Texas Alcoholic Beverage Commission meeting, the board voted to take the following actions on the agency’s rules.

Proposed Rules and Rule Amendments

• Amendments to Rule 16 TAC §50.24, relating to Seller Server School Certificates and Requirements. Read more.
• Amendments to Rules 16 TAC §33.2, relating to Application and Fee Payment Procedures; 16 TAC §33.23, relating to License and Permit Fees; 16 TAC §33.44, relating to Excise Tax Bonds; 16 TAC §33.45, relating to Bonds for Alternating Brewery Proprietorships and Contract Brewing Arrangements; 16 TAC §33.57, relating to Application Withdrawn; 16 TAC §33.75, relating to Penalties and Suspension; 16 TAC §33.93, relating to Notification Requirements; 16 TAC §33.100, relating to General Provisions; 16 TAC §33.103, relating to Notice and Opportunity for Hearing; and 16 TAC §33.104, relating to Contents of Emergency Order. In addition, the repeal of Rules 16 TAC §33.101, relating to Authority of the Executive Director; and 16 TAC §33.105, relating to Appeals of Emergency Orders. Read more.
• Amendments to Rules 16 TAC §45.9, relating to Withdrawal of Application; 16 TAC §45.11, relating to When Reapplication is Required; 16 TAC §45.12, relating to Application Procedures during Interruption of Federal Agency Operations; 16 TAC §45.20, relating to Exhibiting Certificates to Representatives of the Commission; 16 TAC §45.23, relating to Alteration of Labels; 16 TAC §45.30, relating to Certificates of Registration for a Distilled Spirit Product; 16 TAC §45.40, relating to Certificate of Registration for a Malt Beverage Product; 16 TAC §45.50, relating to Certificate of Registration for Wine; and 16 TAC §45.105, relating to Advertising. Read more.

Next steps: These new rules and amended rules proposed by the commission will be published in the Texas Register on the next available publication date (the second Friday after the commission meeting). Upon publication, the public will have 30 days to provide any comments about TABC’s proposed rule changes. Changes may be made to a proposed rule in response to input received during this time.

TABC will hold a public hearing on the proposed rules above on Dec. 19, 2024, at 10 a.m. Central time. Sign up for TABC email notifications.

Submit written comments to TABC by 5 p.m. Central time, Dec. 29, 2024. Send your comments to rules@tabc.texas.gov or to the Office of the General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711-3127.

For a rule or amendment to be effective, the board must vote to adopt it at a public meeting. The timing of this action is most often at the next commission meeting.

Adopted Rules and Rule Amendments

• Readoption of Rule 16 TAC §31.1, relating to Separation of Duties Between Commission and Executive Director. Read more.
• Amendments to Rule 16 TAC §41.12, relating to Compliance Reporting by License and Permit Holders. Read more.
• Amendments to Rule 16 TAC §45.2, relating to Definitions; and New Rules §§ 45.28 and 45.29, relating to Standards of Fill for Distilled Spirits and Wine. Read more.
• New Subchapter G, relating to Operating Agreements Between Permit and License Holders; and New Rule 16 TAC §41.65, relating to Contract Distilling Arrangements and Distillery Alternating Proprietorships. Read more.

Next steps: A notice of adoption will be published in the Texas Register on the next publication date (two Fridays after the commission meeting). The notice will include the text of any rule that has substantively changed from the proposed version of the rule that was published in a prior issue of the Texas Register, and it will include the agency’s response to any formal comments received by the agency during the comment period. Unless otherwise noted, adopted rules will be effective 20 days after they are submitted to the Texas Register.

The adopted rules listed above will become effective on Dec. 5, 2024.

Additional Information

The most current version of TABC’s (and other agencies') administrative rules are maintained on the Secretary of State website.

If you have questions about rules or commission action on rules, contact Amada Clopton, Office of General Counsel, at (512) 206-3492 or amada.clopton@tabc.texas.gov.