ALL RIGHT. GOOD MORNING EVERYBODY.
[1. Opening Items]
[00:00:03]
HOPE EVERYBODY HAD A SAFE HALLOWEEN.THE FIRST AGENDA ITEM IS THE CALL TO ORDER.
THE TIME IS 10:31 ON TUESDAY, NOVEMBER 14TH.
BEFORE WE GET STARTED, I WANT TO RECOGNIZE THAT I'M AN EQUAL OPPORTUNITY FAN.
SO I AM WEARING TEXAS RANGER BLUE TIE TODAY IN HONOR OF THE WORLD SERIES.
THE ASTROS DIDN'T QUITE COME TO THE.
IT WAS A GOOD IT WAS A GOOD RUN THOUGH RIGHT.
SO ANYWAY, FOR ALL YOU FOLKS IN DALLAS FORT WORTH METROPLEX, I STILL LOVE YOU.
IT'S NICE TO BE HERE ON THIS BEAUTIFUL DAY.
WE ARE ABOUT TO EMBARK ON ONE OF THE BUSIEST SEASONS IN OUR INDUSTRY.
THIS IS THEIR THIS IS THEIR YEAR, RIGHT? THE NEXT 30 DAYS ARE CRITICAL FOR THE SURVIVAL IN SOME CASES OF SOME OF THE INDUSTRIES THAT WE SERVE.
SO IT'S A VERY, VERY IMPORTANT TIME, CRITICAL TIME.
BUT IT'S ALSO A BUSY TIME FOR US.
AND SO WHILE SOME PEOPLE TAKE TIME OFF DURING THE HOLIDAYS, OUR AGENCY CONTINUES TO WORK.
THERE'S NO HOLIDAY FOR PUBLIC SERVANTS.
AND THAT'S AN IMPORTANT DISTINCTION, I THINK, AND SOMETHING THAT WE SHOULD NOT TAKE FOR GRANTED.
WE OBVIOUSLY JUST RECOGNIZE VETERANS DAY, AND I LIKE TO THINK THAT IT'S WE PROBABLY SHOULD HAVE A PUBLIC SERVANTS DAY, BECAUSE EVERY TIME I SEE A FIRST RESPONDER, I ALWAYS THANK THEM FOR THEIR SERVICE BECAUSE THEY'RE OFTEN FIREFIGHTERS AND EMTS, POLICE OFFICERS, THEY DON'T GET MANY. [INAUDIBLE] THE HOLIDAYS, THEY'RE WORKING HARDER.
RIGHT. AND SO I WANTED TO IF YOU'LL INDULGE ME FOR ABOUT FOUR MINUTES.
AT THIS MOMENT, MY WIFE IS IN SAN ANTONIO.
GIVING THE CHIEF ALBERT LILLY MEMORIAL SCHOLARSHIP AT ANTONIAN HIGH SCHOOL IS A CATHOLIC HIGH SCHOOL WHERE I ATTENDED IN SAN ANTONIO, AND THE RECIPIENT MUST BE THE CHILD OF A FIRST RESPONDER OR SERVICE MEMBER.
AND SO A YOUNG LADY NAMED EVELYN GARCIA WAS THE RECIPIENT, AND SHE WROTE AN ESSAY THAT FRANKLY BROUGHT MY WIFE AND I WERE PRACTICALLY TO TEARS.
AND I JUST IN THE IN THE THE SPIRIT OF PUBLIC SERVICE, NOT JUST MILITARY SERVICE.
THE HUMBLE SON OF MEXICAN IMMIGRANTS WOULD TRAVEL THE WORLD FINDING HIMSELF IN AUSTRALIA, TRAINING THE FIRST CAVALRY DIVISION IN THE US FOR MEN AND FOR US SOLDIERS, AS WELL AS ALLIED SOLDIERS.
MY FATHER, ESTEBAN ANTONIO GARCIA, ALWAYS KNEW HIS PATH WOULD BE FOLLOWING EITHER MAN.
SO I THANK ALL WHO HAVE SERVED AND WITH THAT, THE NEXT AGENDA ITEM IS THE PLEDGE OF ALLEGIANCE.
ALL RIGHT. AND AS IS FITTING COMMISSIONERS. DO YOU HAVE ANY OPENING COMMENTS? NONE FOR ME. AND I SEE WE HAVE COMMISSIONER ADKINS LIVE FROM EL PASO.
[00:05:03]
INDEED. I'M SORRY I COULDN'T BE THERE IN PERSON TODAY, BUT HAPPY TO JOIN FROM A NICE, CLOUDY, COOL DAY IN EL PASO.THANK YOU, COMMISSIONER BOATRIGHT.
WE HAVE A SECOND. WE WILL NOW VOTE.
THE MINUTES ARE APPROVED AS WRITTEN.
[2. Recognitions]
ALL RIGHT. GOOD MORNING EVERYBODY.FOR THE RECORD, MY NAME'S AMANDA FLETCHER, DIRECTOR OF HUMAN RESOURCES.
AND TODAY I'M HERE WITH EXECUTIVE CHIEF RON SWENSON.
HAD THE PLEASURE OF INTRODUCING A SERVICE AWARD TODAY.
LEADERSHIP RECOGNIZES THE DEDICATION AND LOYALTY OF OUR EMPLOYEES THROUGH OUR SERVICE AWARD PROGRAM.
WE RECOGNIZE EMPLOYEES SERVICE YEAR MILESTONE EVERY FIVE YEARS.
BUT THOSE WITH 25 YEARS AND ABOVE, WE LIKE TO RECOGNIZE HERE AT THE COMMISSION MEETING.
AND I'D LIKE TO WELCOME HIM UP TO THE FRONT AT THIS TIME.
THANK YOU. AGENT MICHAEL CANTRELL WAS BORN AND RAISED IN SAN ANTONIO.
AGENT MICHAEL CANTRELL GRADUATED FROM DILLARD COLUMN HIGH SCHOOL IN 1984.
AGENT CANTRELL HAS A MASTER PEACE OFFICER, INSTRUCTOR, AND FIELD OFFICER CERTIFICATIONS.
AGENT CANTRELL HAS BEEN HAPPILY MARRIED TO HIS WIFE, MARY FOR SEVEN YEARS.
CONGRATULATIONS, SIR [APPLAUSE].
THANKS SO MUCH. WOULD YOU LIKE TO SAY ANYTHING? OH, IT'S JUST A PLEASURE TO WORK WITH ALL YOU GUYS AND HAD A GREAT TIME HERE.
AND I'M STILL GOING TO BE AROUND FOR A LITTLE BIT LONGER.
THE NEXT AGENDA ITEM WILL BE THE TRACE RECOGNITION, CHIEF SWENSON.
GOOD MORNING. CHAIRMAN. COMMISSIONERS.
FOR THE RECORD, MY NAME IS RON SWENSON.
I'M THE EXECUTIVE CHIEF OF THE ENFORCEMENT DEPARTMENT.
SO THAT IT'S NOT VERY TEMPORARY.
HE HAS DONE A FANTASTIC JOB, AND WE REALLY APPRECIATE ALL OF HIS WORK.
[00:10:08]
IN 2023 THEY RECEIVED THE INNOVATIVE ALCOHOL LAW ENFORCEMENT PROGRAM OF THE YEAR AWARD FROM THE NATIONAL LIQUOR LAW ENFORCEMENT ASSOCIATION.NEXT SLIDE. AND THEY DIDN'T STOP THERE.
THEY WEREN'T ONLY RECOGNIZED NATIONALLY, BUT THEY WERE RECOGNIZED BY MADD, MOTHERS AGAINST DRUNK DRIVING, THE SOUTHEAST TEXAS AWARD CEREMONY FOR OUTSTANDING LAW ENFORCEMENT AGENCY OF THE YEAR AND FOR POLICY SETTER AWARD OF THE YEAR.
AND MAJOR WITTE, WHO REALLY IS KIND OF THE BRAINCHILD TO THE TRACE UNIT AND HAS DONE A FANTASTIC JOB LEADING LEADING THEM, WAS AWARDED THE DIAMOND HERO LEADERSHIP AWARD.
AND AS YOU CAN SEE, THAT'S THE GROUP OF THEM ARE RECEIVING THOSE AWARDS.
IF YOU CAN GO TO THE NEXT SLIDE, BECAUSE OBVIOUSLY THAT'S THE LEADERSHIP THAT ACCEPTED THE AWARDS.
BUT THIS IS IT'S A SMALL GROUP SPREAD OUT THROUGHOUT THE STATE.
AND THIS MAP SHOWS YOU WHERE WE ARE PUTTING OUR RESOURCES STRATEGICALLY IN THE LARGER METROPOLITAN AREAS, BUT ALSO SOME AREAS THAT WE NEED MORE COVERAGE IN.
AND WE HAVE THEM HERE TODAY, MAJOR WITTE AND THE MAJORITY OF HIS TEAM.
I BELIEVE THERE'S JUST TWO OF THEM THAT ARE NOT HERE.
IF IT'S OKAY WITH YOU, I WOULD LIKE TO BRING THEM UP AND HAVE THEM BRING THEM UP.
MAJOR, WOULD YOU LIKE TO SAY SOMETHING? I WOULD JUST LIKE TO THANK THIS TEAM UP HERE.
AND THEY WORK 7 DAYS A WEEK, 24 HOURS A DAY TO KEEP OUR STREETS SAFER.
AND THEY ARE THE ONES THAT DO THIS JOB.
MY NAME MAY HAVE BEEN UP THERE FOR SOME THINGS, BUT THESE ARE THE FOLKS DOING THE WORK.
THEY LET US DO OUR JOB AND WE'RE BLESSED TO WORK FOR THE AGENCY.
AND I'M REALLY BLESSED TO HAVE THESE TEAM MEMBERS.
[APPLAUSE] IT'S INTERESTING. I HAD THE OPPORTUNITY TO TALK WITH SPEAK WITH SOME OF THE TRACE PEOPLE IN OUR DALLAS OFFICE.
[00:15:05]
WHEN COMMISSIONER BOATRIGHT AND I WERE UP THERE LAST, I GUESS, IN THE FALL I THINK IT WAS.AND I TALKED TO ONE OF THE TRACE AGENTS, AND I SAID, YOU'RE WORKING A LOT, AREN'T YOU? AND SHE SAID, YEAH, I AM.
AND THAT'S WHY I WORK AS HARD AS I DO.
SO I THINK IT'S INCUMBENT UPON US AS COMMISSIONERS TO MAKE SURE THAT THIS AGENCY IS PROPERLY STAFFED, THAT WE HAVE THE RIGHT PEOPLE, THAT WE WORK OUR TAILS OFF TO DELIVER THIS MESSAGE TO AUSTIN, TO MAKE SURE THAT WE CONTINUE TO HAVE THE FUNDING THAT WE NEED, BECAUSE NOBODY WORKS AS HARD AS OUR PEOPLE DO IN EVERY ASPECT, FROM AUDIT TO LICENSING TO, YOU KNOW, HUMAN RELATIONS TO GOVERNMENT AFFAIRS TO MARKETING, OBVIOUSLY ENFORCEMENT. SO THAT'S OUR JOB.
OUR JOB IS TO WAVE THE FLAG AND MAKE SURE THAT THIS AGENCY CONTINUES TO BE VIEWED IN A GREAT LIGHT.
SO AND THIS RECOGNITION IS I MEAN, IT'S ONE THING TO HAVE US RECOGNIZE, BUT WHEN A NATIONAL GROUP, TWO NATIONAL GROUPS RECOGNIZE THIS AGENCY FOR THE WORK WE'RE DOING, THAT'S IT.
DROP THE MIC. THAT'S JUST OUTSTANDING.
ANY OTHER THOUGHTS? TOTALLY AGREE. SAID IT BETTER THAN I COULD SAY IT.
[3. Reports]
PERMIT STUDY DIRECTOR STAPLES.THERE YOU ARE. ALL THE WAY BACK.
COMMISSIONERS. FOR THE RECORD, MY NAME IS JARED STAPLES, DIRECTOR OF PUBLIC AND GOVERNMENT AFFAIRS.
AND TODAY I'LL PROVIDE YOU WITH AN OVERVIEW OF THE WINERY PERMIT STUDY.
SO, AS YOU KNOW FROM OUR PRIOR DISCUSSIONS, THE NEW STATE BUDGET DIRECTS TABC TO CONDUCT A WINERY PERMIT STUDY THAT WE MUST SUBMIT TO THE LEGISLATURE NEXT AUGUST.
AND IN CONDUCTING THIS STUDY, THE AGENCY IS TO REVIEW SEVERAL THINGS, INCLUDING THE AUTHORITIES GRANTED TO WINERY PERMITS, WINE PRODUCTION BY WINERY PERMIT HOLDERS, THE CREATION OF A NEW PERMIT FOR THOSE THAT MAKE WINE OUT OF THE GRAPES THAT THEY GROW.
SO THIS SUMMER, TABC MADE AN INITIAL ASSESSMENT AND DETERMINED THERE ARE THREE AREAS OR ITEMS ON WHICH THE AGENCY CAN MAKE RECOMMENDATIONS WITHIN THE WINERY PERMIT STUDIES FRAMEWORK.
AND THOSE ARE TO PROVIDE OPTIONS FOR A WINERY PERMIT OFFERED BY TABC AT A LOWER PERMIT FEE, SUGGESTING CHANGES FOR HOW THE STATE DETERMINES THE AMOUNT OF WINE, WINE MARKETING AND RESEARCH DOLLARS THAT ARE AVAILABLE FOR COLLEGES EACH YEAR, WITH THE GOAL TO CREATE A MORE STABLE, STEADY, RELIABLE STREAM OF FUNDING FOR THEM, AND TO ALSO PROVIDE RECOMMENDATIONS ON HOW THE STATE CAN CRACK DOWN ON ILLEGAL WINE SHIPMENTS COMING INTO TEXAS, WHICH NEGATIVELY IMPACTS ALL PERMIT HOLDERS THAT ARE PLAYING BY THE RULES AND HAS AN IMPACT ON ON THE REVENUE THAT TEXAS BUSINESSES AND THE STATE ITSELF RECEIVES.
SO ONCE WE HAD THESE CONCEPTS IN PLACE, WE BEGAN MEETING WITH VARIOUS STAKEHOLDERS WITHIN THE FIRM TRADE ASSOCIATIONS REPRESENTING VARIOUS SECTORS OF THE ALCOHOL INDUSTRY TO DISCUSS THESE AREAS WE'VE IDENTIFIED, ALONG WITH THE OTHER ELEMENTS OF THE WINERY PERMIT STUDY AND TO TALK ABOUT OUR TIMELINE FOR COMPLETING IT AND HOW EVERYBODY CAN ENGAGE IN THE PROCESS.
[00:20:03]
YOU. AND YOU'LL NOTICE THE PROCESS HEAVILY RELIES ON RECEIVING INPUT FROM THE ALCOHOLIC BEVERAGE INDUSTRY.AND THIS IS CRITICAL BECAUSE WHILE TABC CAN PROVIDE DATA AND MAKE RECOMMENDATIONS ABOUT AGENCY OPERATIONS AND THE TOOLS WE MIGHT NEED TO ADDRESS VARIOUS KNOWN ISSUES, A SIGNIFICANT PART OF THE STUDY RELATES TO PUBLIC POLICY RECOMMENDATIONS AND THE LEGAL AUTHORITIES THAT THE BUSINESSES PROVIDED TO THE BUSINESSES THAT TABC REGULATES.
AND SO WE, AS A REGULATOR, AN UNELECTED BODY OF REGULATORY OFFICIALS THAT ARE IN CHARGE OF ENFORCING THE LAW, WE HAVE TO BE CAREFUL NOT TO GET INTO THE BUSINESS OF MAKING POLICY RECOMMENDATIONS.
SO BY INCLUDING THE VARIOUS POSITIONS OF RECOMMENDATIONS FOR FROM OUR PARTNERS IN THE BUSINESS WORLD, ALONG WITH TABCS OPERATIONAL DATA AND RECOMMENDATIONS ALONG THOSE LINES, WE'RE CONFIDENT WE CAN PROVIDE A STUDY THAT WILL MEET THE LEGISLATURE'S DIRECTIVE, WHAT THEY'VE ASKED FOR, AND AND GIVE EVERYONE AN APPROPRIATE VOICE IN THIS. SO WE'RE WELL ON OUR WAY TO ACCOMPLISHING THE MISSION WE'VE BEEN CHARGED WITH THERE, AND GLAD TO TAKE ANY QUESTIONS YOU MIGHT HAVE ABOUT IT.
OKAY. THE NEXT AGENDA ITEM WILL BE THE FISCAL YEAR 23 FEE REVENUE DISCUSSION.
CHIEF FINANCIAL OFFICER SWANN, WELCOME.
THANK YOU SIR. GOOD MORNING ALL.
SO YEAH, I AM HERE TO PRESENT TO YOU YOUR ACTUALIZED REVENUES FOR 22 AND 23.
AND SO THIS IS INTENDED TO SORT OF BE A CONTINUATION OF THAT CONVERSATION, TO GIVE YOU A FULL LOOK AT TWO YEARS WORTH OF DATA SO THAT WE CAN BEGIN IN EARNEST TO START THINKING ABOUT WHAT WE'RE DOING WITH OUR FEE STRUCTURE.
AND SO WHAT I'VE TRIED TO DO HERE, THIS SHOULD LOOK FAMILIAR TO YOU.
THIS IS THE WAY WE REPORT OUR REVENUES TO YOU EACH MONTH IN YOUR COMMISSIONERS REPORT.
I KNOW IT'S A LOT ON ONE SCREEN.
AND THEN WE HAVE A CATEGORY WE'RE CALLING OTHER.
FOR 23, WE HAD ABOUT $373 MILLION COLLECTED.
AND FOR THAT BIENNIUM THOSE TWO REVENUE FIGURES ARE $754 MILLION.
SO YOUR DECREASE INTO 23 WAS ABOUT A $7.8 MILLION DECREASE.
SO PRETTY MUCH YOUR REVENUES HELD PRETTY CONSTANT FROM ONE YEAR TO THE NEXT.
SO HERE'S YOUR LICENSE AND PERMITTING FEES 22 THAT WAS $101 MILLION COLLECTED FOR THAT.
AND THEN IN 23 THERE'S YOUR DECREASE TO $94 MILLION.
WE CAN SEE NOW THAT MOST OF THAT DECREASE CAME FROM YOUR LICENSE AND PERMIT FEES.
I DON'T THINK THIS IS ANYTHING TO BE ALARMED ABOUT.
SO THERE IS NATURALLY A HISTORY OF US HAVING THAT DECREASE.
BUT AGAIN, IT'S A 1% DECREASE WHEN YOU LOOK AT THE BOTTOM LINE.
OUR NEXT SEGMENT THAT WE WERE TALKING ABOUT IS MISCELLANEOUS REVENUE.
SO THESE ARE YOUR ADMIN FEES, SELLER SERVER PRODUCT REGISTRATION.
IN 22 WE HAD $9.3 MILLION COLLECTED IN MISCELLANEOUS.
AND WE HAD $8.5 MILLION COLLECTED IN 23 FOR A BIENNIAL TOTAL OF $17.8 MILLION ARE A SMALL, SLIGHT REDUCTION OF ABOUT $800,000 FROM THE FIRST YEAR TO THE SECOND.
NO BIG NUMBERS THIS TIME WE SAW THAT $8 MILLION CAME FROM ONE LINE OF DATA IN FEES.
YOUR BIGGEST NUMBER IS ABOUT $400,000.
AGAIN, NOTHING THAT I WOULD BE ALARMED ABOUT AT THIS POINT.
AS A PERCENTAGE OF THE TOTAL COLLECTIONS, IT'S SMALL.
[00:25:02]
BUT THAT WOULD BE MY GUESS FOR WHY YOU'RE SEEING $400,000.IS THAT CORRECT? THAT'S CORRECT.
YES, SIR. THE TOBACCO IS ACTUALLY A CIGARETTE TAX, WHICH YOU'LL SEE ON THE TAXES LINE.
OKAY. BUT THIS IS THIS IS THE OTHER ITEMS THAT AREN'T THE TOBACCO.
AND OH, YOU CAN SEE WE GIVE YOU A SUBTOTAL AT THE BOTTOM.
SO SO FAR WHEN YOU TALK ABOUT THOSE FEES WITH THESE MISCELLANEOUS, YOU HAD $111 MILLION IN THE FIRST YEAR, $102 MILLION IN THE SECOND YEAR FOR BIENNIAL, $213 MILLION . CAN I ASSUME THAT THE MAJORITY OF THE POE FEES COME DURING THE PAISANO SEASON, OR IS IT FAIRLY EVENLY DISTRIBUTED THROUGHOUT THE YEAR? YOU KNOW, SO I'VE LOOKED AT SOME GRAPHS, SOME LINE GRAPHS THAT SHOW ME WHAT TYPE OF COLLECTION I GET FROM MONTH TO MONTH.
AND IT'S DEFINITELY I SEE IT'S A SPIKING GRAPH.
I WILL LOOK AT THAT SPECIFIC SPECIFIC ITEM TO KNOW FOR SURE, BUT WE CAN FIND THAT OUT FOR YOU.
OKAY. SO HERE'S YOUR TAX REVENUE.
IT'S THE LAST LINE IN THIS SEGMENT.
SO YOUR AUDITS YOUR EXCISE TAXES.
CIGARETTE TAX TOTALING IN 2022 $268 MILLION.
OUR TAX REVENUE A DECLINE OF $77,000 COMBINED.
AND THEN FINALLY, OUR LAST SEGMENT WE WANTED TO SHOW YOU HERE IS THE OTHER REVENUE.
YOU HAVE DEPOSITS TO WHAT WE CALL SUSPENSE.
AND THEN YOU HAVE YOUR CREDIT CARD FEES.
THE DEPOSIT TO SUSPENSE IS KIND OF JUST THE HOLDING SPOT.
AND UNTIL WE DO THAT, IT SITS HERE IN SUSPENSE.
LICENSE PERMITS, MISCELLANEOUS, OUR EXCISE TAX.
MY PREDICTION IS, IS MOST OF THAT IS GOING TO BE EXCISE TAX.
THAT'S THE TAXES AREA IS WHERE THEY'LL GO YOUR CREDIT CARD AND CONVENIENCE FEES.
THOSE ARE NOT COLLECTED BY US.
AND THEN THEY'LL ALSO GO TO NIC USA FOR THEIR PART IN PROCESS.
AND THERE'S THAT $7.8 YEAR OVER YEAR DECLINE INTO 2023.
SO NOW THIS IS THAT FOUNDATION THAT WE WERE TALKING ABOUT.
WE'VE SHOWN YOU NOW A FULL TWO YEARS, 24 MONTHS WORTH OF COLLECTION ACTIVITY.
THIS IS CLEARLY NOT GOING TO BE THE END.
YOU SEE WE HAVE SOME MONEY IN SUSPENSE THAT WE HAVE TO FIGURE OUT.
SO WHERE DO WE GO FROM HERE? I WANTED TO GIVE YOU A SMALL GLIMPSE INTO WHAT WE'RE GOING TO DO WITH THIS DATA.
WE'RE GOING TO COMPARE IT TO THE TO THE PRIOR BIENNIUM.
AND SO NOW YOU CAN SEE FROM 2021 TO 22-23 WHERE WE'VE GOT THIS NEW STRUCTURE WHAT'S TRANSPIRED.
SO THIS TOP BLOCK OF CHART INFORMATION IS JUST GIVING YOU THE DOLLARS FOR THOSE INDIVIDUAL YEARS.
SO I THINK THE BOTTOM RIGHT QUADRANT THERE IS WHAT YOU'LL HAVE THE GREATEST INTEREST IN, BECAUSE THAT'S GOING TO SHOW YOU THE DOLLAR CHANGE GOING INTO 22 AND 23 VERSUS THE PRIOR BIENNIUM.
IT'LL SHOW YOU THE PERCENTAGE CHANGE OF 22-23 FROM THE PRIOR BIENNIUM.
SO LET'S JUST POINT OUT SOME NUMBERS IN THAT BOTTOM QUADRANT.
THAT BOTTOM RIGHT QUADRANT YOU CAN SEE 22-3 COLLECTED $78.6 MILLION, MORE THAN 20-21 DEAD FROM THOSE SAME REVENUE COLLECTION ACTIVITIES.
AS A PERCENTAGE, THAT'S ABOUT 11.6% GROWTH.
$49 MILLION INCREASE IN THAT BIENNIUM TO 22-23.
AND THAT'S ABOUT A 33.7% CHANGE IN OUR INCREASE FROM THE PRIOR BIENNIUM RIGHT THERE ALONE.
YOUR OTHER NUMBER THAT'S BIG IS FROM TAXES, BUT IT'S A SMALL PERCENTAGE OF WHAT TAXES ARE.
SO THERE WAS A $23 MILLION CHANGE IN THE TAX REVENUE.
BUT THAT'S ONLY THAT'S LESS THAN 5%.
[00:30:03]
I WOULD POINT OUT ONE OTHER THING.NOT IN THAT BOTTOM RIGHT QUADRANT, BUT IN THAT BOTTOM TABLE ON THAT LEFT SIDE, YOU'LL SEE THAT WE DID PROVIDE YOU WITH SOME DOLLAR CHANGE AND PERCENTAGE CHANGES, BUT WE'RE NOT SHOWING YOU 18 AND 19.
SO YOU COULD BACK YOUR WAY INTO WHAT WAS HAPPENING IN 18 AND 19.
WE JUST DIDN'T WANT TO SHOW A BUNCH OF NAS IN THOSE TWO COLUMNS, BUT THAT'S WHAT WE'RE DOING THERE.
SO DON'T BE THROWN OFF THAT YOU'RE NOT SEEING 18 AND 19 NUMBERS.
AND WITH THAT, I'LL BE HAPPY TO TAKE ANY QUESTIONS IF YOU HAVE ANY.
I HAVE ONE MORE SLIDE. I WAS WAITING, I WAS WAITING.
THANK YOU. THANK YOU FOR THE ASSIST.
YOU PASSED. YOU PASSED THE TEST.
ALL RIGHT. YEAH. WE DO HAVE SOME NEXT STEPS.
BUT THEN WE HAVE A BIGGER TASK AT HAND, WHICH IS TO CONDUCT A THOROUGH REVIEW.
SO WE'LL EVALUATE THOSE CURRENT FEES.
WE'LL EVALUATE THE PROCESS FOR JUST SETTING FEES.
OKAY. AND NOW I'VE LEFT TIME FOR QUESTIONS IF THERE ARE ANY.
FIRST OF ALL, THANKS A LOT. APPRECIATE IT.
I'VE BEEN WAITING ON IT AND IT WAS WORTH THE WAIT.
VERY GOOD. I JUST HOPE THAT AS WE GO THROUGH THE PROCESS OF EVALUATING OUR FEE SETTING STRUCTURE, THAT WE THINK ABOUT OUR ADMINISTRATIVE COSTS RATHER THAN A REVENUE TARGET.
IF WE KIND OF PUT THE CART FOR COURSE OF 2 TO 3 YEARS AGO AND, AND HAD A REVENUE TARGET AND TRIED TO MEET IT AND THEN WE MET IT AND OVER OVERSHOT IT BY TENS OF MILLIONS OF DOLLARS.
SO YOU KNOW, THAT'S THAT'S NOT NOT OUR MONEY.
WE'RE HERE TO SERVE PEOPLE AS [INAUDIBLE] COMMISSIONERS WOULD AGREE.
WE SHOULD CHARGE PEOPLE OUR COSTS FOR THE SERVICES THAT WE PROVIDE.
WE SHOULD NOT TRY TO MAKE MONEY THROUGH OUR FEES THAT WE JUST PILE UP AND GET BACK TO THE STATE AND HOPE THEY GIVE US, GIVE BACK TO US IN SOME FORM FTES OR NEW CARS OR SOMETHING LIKE THAT.
I DON'T THINK THAT'S HOW GOVERNMENT SHOULD WORK.
WE HAVE THE RIGHT TEAM IN PLACE NOW.
YOU, THOMAS, JAMES, EVERYBODY.
WE'VE GOT THE RIGHT PEOPLE TO DO IT RIGHT AND I LOOK FORWARD TO SEEING WHAT HAPPENS.
THANK YOU. YOU'LL CONTINUE TO PROVIDE THE BIENNIAL COMPARISONS EVEN IF WE DO AN ADJUSTMENT OR WE CHANGE OUR POLICY WITH REGARDS TO FEES, BECAUSE THE POLICY WAS A REVENUE TARGET.
I WOULD THINK THAT WHATEVER WE DO ADOPT, WE MAKE A CHANGE FROM REVENUE TARGET.
RIGHT, BECAUSE WE'VE GOT TO STILL MEET A NUMBER, SOME KIND OF NUMBER.
WELL DONE. NEXT AGENDA ITEM WILL BE CUSTOMER SERVICE UPDATE, CHIEF MACEYRA.
COMMISSIONERS. FOR THE RECORD, MY NAME IS ANDREA MACEYRA.
I'M THE CHIEF OF REGULATORY AFFAIRS.
THIS PILOT PROGRAM WAS PROMPTED BY A VALID CONCERN RAISED BY OUR LICENSING STAFF.
WE ALWAYS FELT THAT IF OUR LICENSING STAFF WAS ABLE TO SEPARATE APPLICATION PROCESSING AND PHONE DUTY COVERAGE, IT WOULD GREATLY ENHANCE OUR CUSTOMER SERVICE EFFORTS AND PRODUCTIVITY.
WE DOCUMENTED CALLS FOR TWO WEEKS TO DETERMINE PARAMETERS FOR THE PROGRAM.
AFTER REVIEW, A SCHEDULE WAS CREATED REQUIRING EACH DIVISION.
THE PHONE COVERAGE FOR TWO DAYS A WEEK, ALLOWING THE OTHER DAYS TO PROCESS APPLICATIONS.
I WOULD LIKE TO POINT OUT THAT THE PHONE QUEUE INITIATIVE IS JUST FOR THE LICENSING DEPARTMENT AND SEPARATE FROM THE OVERALL AGENCY PHONE QUEUE, WHICH KEVIN PRESENTED ON A FEW MONTHS AGO.
I'M TALKING ABOUT THE PHONE CALLS THAT ARE JUST COMING STRAIGHT INTO THE LICENSING QUEUE.
AS A RESULT, THIS HAS BOOSTED OVERALL PRODUCTIVITY AND MORALE.
CUSTOMER SERVICE SATISFACTION INCREASED AND THE NUMBER OF DAYS TO APPROVE APPLICATIONS WERE REDUCED.
[00:35:04]
SO THE OUTCOME OF THE PROGRAM WAS VERY SUCCESSFUL, AS YOU CAN SEE, IN THREE MONTHS, THE AVERAGE DAYS DROPPED BY TEN DAYS WHILE ISSUING TWICE AS MANY APPLICATIONS.THIS POSITIVE IMPACT TO THE PROGRAM NOT ONLY BENEFITS OUR LICENSING STAFF, BUT ALSO ENHANCES THE OVERALL QUALITY OF CUSTOMER SERVICE FOR OUR CUSTOMERS BY GETTING THEM INTO BUSINESS QUICKER. THANK YOU.
WHAT? FROM TWO MONTHS TO 25 DAYS.
YES. JUST BY SHIFTING PHONE COVERAGE AND PROCESSING LESS DISTRACTIONS.
NEXT AGENDA ITEM WILL BE AIMS UPDATE.
CHAIRMAN. COMMISSIONERS, MY NAME IS LAURIE SANCHEZ.
I'M THE DEPUTY DIRECTOR OF IT AND I'LL BE PRESENTING YOUR AIMS UPDATE.
STARTING WITH AN OVERVIEW OF THE BUSINESS TRANSACTIONS CONDUCTED SINCE AIMS WENT LIVE.
THERE HAVE BEEN APPROXIMATELY 31,000 ORIGINAL APPLICATIONS SUBMITTED, 60,000 RENEWAL APPLICATIONS, 58,000 PRODUCT REGISTRATIONS, AND 16,000 ACCOUNT BUSINESS TRANSACTIONS.
CURRENTLY WE'RE WORKING ON COMPLETING PHASE TWO SCOPE.
SINCE THE LAST UPDATE NO NEW FUNCTIONALITY HAS BEEN IMPLEMENTED FROM PHASE TWO.
FOR EACH CHALLENGE OR REALIZED RISK, WE FOCUS ON THE HIGH IMPACT AND HIGH PROBABILITY ITEMS. THIS APPROACH HAS ALLOWED AIMS TO CONTINUOUSLY BE DEVELOPED BY CONSTANTLY EVALUATING RISK, EVALUATING IMPACT ON STAFF AND INDUSTRY, AND CONSIDERING BUDGET LIMITATIONS. SO THE CURRENT KEY CHALLENGES RELATED TO THE PHASE TWO IN PROGRESS ITEMS ARE THE DESIGN REQUIREMENTS AND EXPECTATIONS.
THERE ARE OPPORTUNITIES FROM BOTH THE VENDOR AND TABC TO IMPROVE ON THIS ITEM.
DEVELOPMENT QUALITY AND VENDOR QUALITY ASSURANCE TESTING.
WE'VE TAKEN ACTIONS TO ADDRESS THE CHALLENGES WE'RE CURRENTLY EXPERIENCING.
VENDOR CONDUCTED SHADOW SESSIONS WITH THE END USERS TO UNDERSTAND DEFECTS FIRSTHAND.
REVISING THE REQUIREMENTS AND DESIGN PROCESS FOR PHASE THREE IS A BIG CHANGE THAT WE'RE LOOKING FORWARD TO IMPLEMENTING AS WE BEGIN PHASE THREE, AND EVEN MAKING THAT RETROACTIVE FOR THE END OF PHASE TWO, AS WELL AS WE MOVE TO EXPUNGEMENT AND OPEN RECORDS.
JUST SOME FOLLOW UP ON THE TRANSITION ITEMS THAT WE PRESENTED LAST TIME.
THIS COUNCIL REVIEWS, PRIORITIZES AND MAKES DECISIONS ON ALL TECHNOLOGY PROJECTS SCOPE, INCLUDING AIMS. THIS COUNCIL HAS ALREADY FOCUSED ON AND PRIORITIZED THE PHASE THREE SCOPE OF TEAMS. WE ALSO CONTINUE TO REVISE OUR VENDOR MANAGEMENT, THANKS TO THE INTERNAL AUDITS AND REPORTS THAT YOU ALL HEARD LAST TIME AT THE LAST MEETING.
WE'RE ALSO REVISING THE COMMUNICATION PLAN TO CLEARLY IDENTIFY WHAT WILL BE COMMUNICATED, WHO WILL BE COMMUNICATED TO, WHO OR TO AND BY WHOM FOR BOTH STAFF AND INDUSTRY. AND THEN WE'RE IDENTIFYING FUNCTIONALITY ENHANCEMENTS.
THIS CONCLUDES MY PRESENTATION AND I'M HAPPY TO ANSWER ANY QUESTIONS.
YOU MAY HAVE SAID THIS AND I MAY HAVE MISSED IT.
WHAT IS THAT COUNCIL? WHO REPRESENTS THE OVERSIGHT COUNCIL? SURE. SO WE HAVE THE EXECUTIVE DIRECTOR, THE DEPUTY EXECUTIVE DIRECTOR, THE EXECUTIVE CHIEF OF ENFORCEMENT, THE EXECUTIVE CHIEF OF REGULATORY AFFAIRS, THE CFO, THE CIO.
AND THEN WE HAVE SOME SUPPORT STAFF AS WELL.
[00:40:03]
OKAY. KNOW THAT THAT COUNCIL WOULD NEED INDUSTRY REPRESENTATION.THIS IS ALL JUST INTERNAL, RIGHT? IT'S PRIORITIZING SORTING THROUGH WHAT NEEDS TO BE DONE.
IS IT JUST FOR AIMS OR IS IT IS THIS A COUNCIL THAT WOULD BE ANY NEW TECHNOLOGY IMPLEMENTATION.
IT'S A WAY TO ENSURE WE'RE MANAGING THE PROJECT.
THAT'S GOOD. MR. ADKINS, DO YOU HAVE ANY COMMENTS OR QUESTIONS FROM EL PASO? NO. UM, YOU KNOW, THEY'VE VERY MUCH BEEN KEEPING ME IN THE LOOP AND INFORMED.
I'VE MET WITH THE VENDOR, BEEN ASSISTING HOWEVER WE CAN.
BUT CERTAINLY, UM, AS WE'RE MOVING INTO PHASE THREE, I'D LIKE TO HAVE A QUARTERLY MEETING OF THE IT MAJOR PROJECTS COMMITTEE TO BE ABLE TO HAVE THAT INDUSTRY INSIGHT AND OVERSIGHT AS WE CONTINUE TO PHASE THREE.
I KNOW THAT IN THE PAST AND I'VE HEARD THIS, AND I'M NOT SURE I UNDERSTAND IT, THAT YOU SAID IN PROGRESS WE HAVE ENFORCEMENT UPDATES, LEGAL CASE MANAGEMENT, ETCETERA, OPEN RECORDS REQUESTS. SO HOW WOULD ENFORCEMENT UPDATES BE IMPLEMENTED IN AIMS? HOW DO I KNOW THAT'S BEEN A DEFICIENCY? BUT HOW WHY IS IT A DEFICIENCY AND HOW CAN IT BE USED WITHOUT GETTING TOO MUCH IN THE WEEDS? SURE. SO FROM PHASE ONE WE HAD AN IMPLEMENTATION FOR ENFORCEMENT AND IT WAS BASICALLY KEY COMPONENTS.
HOW HOW WOULD AN AGENT USE AIMS. SURE. SO THEY CAN CONDUCT INVESTIGATIONS AND TRACK THOSE INVESTIGATIONS IN ONE SYSTEM VERSUS HAVING TO GO TO TWO OTHER SYSTEMS AND DO THEIR WORK IN TWO LEGACY SYSTEMS. SO THIS PUTS IT ALL IN AIMS TO DO INVESTIGATIONS, INSPECTIONS, ISSUE TRACK VIOLATIONS OR ALLEGATIONS.
SO IN PROGRESS MEANS WHAT EXACTLY? THAT THEY'RE IN FLIGHT.
WE WERE CURRENTLY WORKING IN UAT, IF YOU WILL.
SO WE'RE IN USER ACCEPTANCE TESTING.
SO THAT CAN BE COMPLETED IN A YEAR, SIX MONTHS.
DO YOU HAVE A? FEBRUARY IS WHEN WE'RE LOOKING TO DEPLOY THIS FUNCTIONALITY.
WE'RE JUST TRYING TO MAKE SURE WE HAVE SUFFICIENT TIME FOR THE VENDOR TO DO THEIR PART, AND THEN OUR AGENCY STAFF TO CONDUCT THEIR USER ACCEPTANCE TESTING TO ENSURE WE HAVE A GOOD SYSTEM PUTTING IN PLACE FOR DEPLOYMENT IN FEBRUARY.
OUR TICKETS ARE FALLING ALL AROUND, ON OR AROUND.
YEAH. NEXT AGENDA ITEM IS PUBLIC COMMENT.
[4. Public Comment]
GENERAL COUNCIL PERSON DO WE HAVE ANYONE SIGNED UP? WE DO, SIR KELSEY [INAUDIBLE] WITH THE TEXAS RESTAURANT ASSOCIATION AND SHE IS ONLINE.HOPEFULLY Y'ALL CAN HEAR ME. OKAY.
I'M SORRY. I'M IN A VERY DARK HOTEL ROOM IN ARIZONA FOR A CONFERENCE, SO BEAR WITH ME HERE.
AND THANK YOU FOR THE CHANCE TO SPEAK TODAY.
MY NAME IS KELSEY ERICKSON [INAUDIBLE].
I'M THE CHIEF PUBLIC AFFAIRS OFFICER FOR THE TEXAS RESTAURANT ASSOCIATION.
THE TRA JUST WANTED TO FLAG ONE OF THE RULE PROPOSALS BEFORE YOU TODAY.
THIS IS THE ONE THAT DEALS WITH THE OPIOID TRAINING, AND WE'RE CONCERNED THE CURRENT VERSION WILL REQUIRE ALL ALCOHOL SELLER SERVER COURSES TO INCLUDE THIS OPIOID OVERDOSE TRAINING CREATED BY SENATE BILL 998.
WE ACTUALLY WORKED CLOSELY WITH SENATOR WEST, WHO AUTHORED THAT BILL, AND AT OUR REQUEST, HE REWROTE THE BILL TO ENSURE THAT RESTAURANTS AND RESTAURANT EMPLOYEES ARE EXEMPT FROM THE NEW OPIOID OVERDOSE TRAINING REQUIREMENTS.
OUR CONCERN IS THAT THE RULE IS PROPOSED TODAY, CODIFIES THE INTRODUCED VERSION OF THE BILL, AND NOT THE VERSION THAT FINALLY PASSED THE LEGISLATURE, SO WE APPRECIATE THE OPPORTUNITY TO RAISE THE CONCERN.
[00:45:05]
THANKS SO MUCH.YOU'RE SAYING THAT THE FINAL VERSION EXCLUDED RESTAURANTS? YES, EXACTLY.
AND AS I MENTIONED, WE WORKED CLOSELY WITH SENATOR WEST AND TO GET THAT CHANGE IN THE LAW.
SO WE JUST WANT TO MAKE SURE IT'S REFLECTED IN THE FINAL RULES AS WELL.
ALL RIGHT. NO OTHER PUBLIC COMMENT.
OKAY. THE NEXT AGENDA ITEM IS CONSIDERATION AND POTENTIAL ACTION ON PUBLICATION OF PROPOSED
[5. Rules]
AMENDED RULES 33.70-72, 33.76, 33.77 AND 33.81 EVENTS AT A TEMPORARY LOCATION, SENIOR COUNSEL CHERRY.GOOD MORNING, CHAIRMAN. COMMISSIONERS, THANK YOU FOR HAVING US.
FOR THE RECORD, I'M MATTHEW CHERRY, SENIOR COUNSEL FOR TABC.
AND SENATE BILL 1375, WHICH RELATES TO PROVIDING SAMPLES OF DISTILLED SPIRITS AT TEMPORARY EVENTS THAT ARE CONDUCTED BY THE HOLDER OF A DISTILLED DISTILLERS AND RECTIFIERS PERMIT. THE AMENDMENTS TO 33.72, 33.77 SUBSECTION F AND 33.81 AUTHORIZE TEMPORARY EVENTS AT CERTAIN RACING FACILITIES TO BE HELD FOR MORE THAN FOUR CONSECUTIVE DAYS.
CLARIFY THE PERMITS USE RECORD KEEPING AND REPORTING REQUIREMENTS FOR THOSE EVENTS, AND CLARIFY WHERE MIXED BEVERAGE PERMITTEES MUST PURCHASE WINE AND MALT BEVERAGES FOR EVENTS THAT ARE HELD OUTSIDE THE COUNTY OF THE HOLDER'S PRIMARY PREMISES.
33.71, 33.76 AND 33.77 SUBSECTION D ADD TEMPORARY EVENTS CONDUCTED BY DISTILLERS AND RECTIFIERS PERMIT TO THE TEMPORARY EVENT RULES.
AND CLARIFY THE REQUIREMENTS FOR VERIFYING THE WET DRY STATUS OF AN EVENT LOCATION FOR ALL TEMPORARY EVENTS CONDUCTED BY ANY LICENSE OR PERMIT HOLDER THAT IS AUTHORIZED TO HAVE OR HOLD A TEMPORARY EVENT.
STAFF DID PRESENT THE PROPOSED AMENDMENTS AT A STAKEHOLDER MEETING ON OCTOBER 5TH, 2023, AND BASED ON THE FEEDBACK THAT WE RECEIVED FROM INDUSTRY AT THE STAKEHOLDER MEETING, WE HAVE MADE SOME ADDITIONAL AMENDMENTS TO THE RULES THAT ARE IN FRONT OF YOU RIGHT NOW.
AND THOSE CHANGES ACTUALLY JUST PERTAIN TO THE FILE AND USE PROCESS FOR DISTILLED SPIRITS SAMPLES.
AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.
DID I UNDERSTAND. YES. THAT CERTAIN RACING FACILITIES.
YEAH. IT'S A SPECIAL TYPE OF TEMPORARY EVENT UNDER THE CODE.
AND IF THE RACING FACILITY MEETS THE KIND OF THE REQUIREMENTS FOR THE SEATING CAPACITY, THEN THEY CAN HAVE A CERTAIN MIXED BEVERAGE PERMIT HOLDERS CAN OBTAIN A THE AUTHORITY TO CONDUCT A TEMPORARY EVENT AT THAT RACING FACILITY.
I BELIEVE RIGHT NOW IT WOULD UNDER THE UNDER THE REQUIREMENTS BECAUSE F1 HAS MORE.
IT'S A HIGHER AMOUNT THAN THE MINIMUM SEATING CAPACITY IN THE LAW.
ALL RIGHT. THANK YOU. I MOVE TO APPROVE PUBLICATION OF PROPOSED AMENDED RULES 33.70-72, 33.76, 33.77 AND 33.81 . EVENTS AT A TEMPORARY LOCATION IS RECOMMENDED BY STAFF.
IS THERE A SECOND? SECOND. COMMISSIONER MACK.
THANK YOU SIR. SECOND WE'LL NOW VOTE.
NEXT GEN ITEM IS CONSIDERATION OF POTENTIAL ACTION ON PUBLICATION OF PROPOSED AMENDED RULE 41.25, PROVIDING SAMPLES, DISTILLERS AND RECTIFIERS PERMIT. MATT DAMON PLEASE, SIR.
THANK YOU, MR. CHAIRMAN. GOOD MORNING, COMMISSIONERS, DIAMOND.
SORRY DID I CALL YOU MATT DAMON.
CLOSE RESEMBLANCE TO WHAT'S ON YOUR MIND? IT'S NOT THE FIRST TIME.
SO FOR THE RECORD, MY NAME IS MATT DIAMOND.
[00:50:06]
I'M AN ATTORNEY WITH TABC'S GENERAL COUNSEL DIVISION.STAFF IS RECOMMENDING, AMENDING, RECOMMENDING, AMENDING ADMINISTRATIVE RULE 41.25, RELATING TO THE SAMPLING OF DISTILLED SPIRITS BY DISTILLERY AND RECTIFIER [INAUDIBLE]. THE PROPOSED CHANGES IMPLEMENT LEGISLATION RELATED TO DISTILLED SPIRITS, SAMPLINGS AND TASTINGS AT TEMPORARY EVENTS, AND ENSURE THAT THE CURRENT RULES ALIGN WITH NEWLY ENACTED LAWS.
THESE RECOMMENDED CHANGES ARE FOCUSED ON TWO PRIMARY PURPOSES.
THEY AMEND THE EXISTING RULE TO ALLOW [INAUDIBLE] TO PROVIDE CONSUMERS WITH SPIRIT SAMPLES AT TEMPORARY EVENTS, AND CLARIFIES THAT DISTILLED SPIRITS TAKEN FROM [INAUDIBLE] INVENTORY FOR A SAMPLING OR TASTING AT A TEMPORARY EVENT ARE SUBJECT TO EXCISE TAXES.
TABC DID NOT RECEIVE ANY COMMENTS OR QUESTIONS RELATED TO THE PROPOSED AMENDMENT.
IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM.
IS THERE A SECOND? SECOND COMMISSIONER MACK, WE HAVE A SECOND.
ALL OF OUR VOTES HAVE BEEN RECORDED.
THE NEXT AGENDA ITEM IS CONSIDERATION AND POTENTIAL ACTION ON PUBLICATION OF PROPOSED AMENDED RULE 45.117 GIFTS AND ADVERTISING SPECIALTIES.
FOR THE RECORD, MATT DIAMOND, ONCE AGAIN, ATTORNEY WITH GENERAL COUNSEL DIVISION.
WITH REGARD TO THIS AGENDA ITEM, STAFF IS RECOMMENDING AMENDING ADMINISTRATIVE RULE 45.117 RELATING TO ADVERTISING SPECIALTIES PROVIDED TO RETAILERS BY CERTAIN [INAUDIBLE].
CURRENTLY, THE AMOUNT OF ADVERTISING SPECIALTIES IS ALLOWED BY LAW IS SET IN RULE.
STAFF BELIEVES THAT THIS PROPOSED CHANGE MORE CLOSELY FOLLOWS THE WORDING OF THE STATUTORY LANGUAGE FOUND IN ALCOHOLIC BEVERAGE CODE SECTION 102.07 B, AND ALLOWS FOR MORE PROMPT AGENCY RESPONSE.
STAFF DID SUBMIT THE PROPOSED AMENDMENT AT A STAKEHOLDER MEETING HELD ON OCTOBER 5TH.
TABC DID RECEIVE ONE QUESTION.
THE QUESTION WAS IN REGARDS TO HOW OFTEN TABC WOULD BE AMENDING THIS ADVERTISING SPECIALTY AMOUNT.
AND THAT WAS THE ONLY COMMENT OR QUESTION.
GENTLEMEN, HAPPY TO ANSWER ANY QUESTIONS.
COMMENTS. QUESTIONS? NONE. OKAY.
IS THERE A SECOND TO THIS MOTION? SECOND. THANK YOU, COMMISSIONER ADKINS, WE HAVE A SECOND.
ALL THE VOTED VOTES HAVE BEEN RECORDED, THE MOTION IS APPROVED.
NEXT AGENDA ITEM IS CONSIDERATION AND POTENTIAL ACTION ON PUBLICATION OF PROPOSED AMENDED RULES 50.3-50.6 AND 50.29 .
ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING.
SENIOR COUNCIL CHAIR, IF YOU PLEASE, SIR.
YES. SO THIS IS THE LAST SET OF RULES UP FOR CONSIDERATION TODAY.
AND AS YOU JUST STATED, THESE ARE PROPOSED AMENDMENTS TO CHAPTER 50, WHICH IMPLEMENT SENATE BILL 998 THAT REQUIRED TABC TO DEVELOP A TRAINING PROGRAM ON THE SIGNS AND SYMPTOMS OF AN OPIOID RELATED DRUG OVERDOSE AND THE ADMINISTRATION OF AN OPIOID ANTAGONIST.
THE AMENDMENT TO 50.3 SIMPLIFIES THE GENERAL PROCESS FOR AGENCY UPDATES TO SELLER SERVER, TRAINING, CURRICULUM, AND WHOLE, AND THE AMENDMENTS TO 50.4, 50.5, 50.6, AND 50.29 REQUIRE THE OPIOID RELATED TRAINING TO BE INCLUDED IN THE MANDATORY COURSE CURRICULUM FOR SELLER SERVER TRAINING, AND INCREASES THE MINIMUM AMOUNT OF MINUTES OF ACTIVE INSTRUCTION AND STUDENT PARTICIPATION IN THE CURRICULUM FROM 120 MINUTES UP TO 140 MINUTES TO INCORPORATE THE NEW OPIOID RELATED TRAINING.
[00:55:06]
STAFF DID PRESENT THESE PROPOSED AMENDMENTS AT A STAKEHOLDER MEETING ON OCTOBER 5TH.YEAH. THANKS FOR YOUR PRESENTATION.
I THOUGHT THAT [INAUDIBLE] COMMENTS WERE EXCELLENT AND WELL TAKEN.
AND I'M GOING TO GO AHEAD AND VOTE FOR THIS.
ON THE UNDERSTANDING THAT WE TAKE HER COMMENTS TO HEART AND TRY TO MAKE SURE THAT THE RULE THAT WE END UP WITH TRACKS AS CLOSELY TO THE TEXT OF THE LEGISLATION THAT WAS ENACTED AT THE AT THE LAST LEGISLATIVE SESSION.
I DON'T HAVE A PROBLEM WITH [INAUDIBLE] I DO WOULD LIKE TO SEE THE CHANGE IN THE PROCESS.
CAN YOU JUST PROVIDE US THE BILL WHEN IT WAS IN THE STAGE THAT WE HAVE OUR RULE DRAFTED AS IS, AND WHAT SENATOR WEST ACTUALLY AGREED TO IN THE ENROLLED VERSION, I'D LIKE TO SEE THE DIFFERENCES TO BETTER UNDERSTAND HOW WE GOT KIND OF SIDEWAYS ON.
YEAH. I MEAN, THAT IS A QUESTION HOW DID WE GET OFF TRACK HERE? I BELIEVE WHAT THE COMMENT IS RELATING TO IS THERE IS AN EXCEPTION IN THE FINAL ENROLLED VERSION OF THE BILL FOR RESTAURANTS TO NOT HAVE TO TAKE THE OPIOID TRAINING AND WHAT WE DO RIGHT NOW, OR WHEN WE STARTED TO PROPOSE THIS, WE KIND OF HAVE TWO SETS OF THE OPIOID TRAINING.
ONE PATH IS THE OPIOID TRAINING ALL ON ITS OWN AS A STANDALONE TRAINING MODULE.
ONE OF THE REASONS THAT IT NEEDED TO BE STANDALONE, NO MATTER WHAT, IS BECAUSE RIGHT NOW, UNDER THE ENROLLED VERSION OF THE BILL, THE OPIOID TRAINING HAS TO BE CONDUCTED OR TAKEN ON AN ANNUAL BASIS, AND THE SELLER SERVER TRAINING IS DONE.
THAT CERTIFICATION LASTS FOR TWO YEARS.
MOST LICENSE OR PERMIT HOLDERS, ESPECIALLY ON THE RETAIL LEVEL, ARE ALREADY HAVING THEIR EMPLOYEES TAKE THE SELLER SERVER CURRICULUM BECAUSE IT DOES PROVIDE CERTAIN SAFE HARBOR AND RESTRAINED CASE OPTIONS FOR THEM.
AND AS OF RIGHT NOW, BASED ON THAT COMMENT, THERE SEEMS TO BE JUST SOME, SOME PUSHBACK ON ON DOING THAT, BECAUSE I GUESS I WOULD IMAGINE BECAUSE OF THE EXCEPTION FOR THE RESTAURANTS, WHICH NORMALLY WOULD NOT HAVE TO TAKE THE OPIOID TRAINING, AND IF THEY'RE HAVING THEIR EMPLOYEES TAKE THE SELLER SERVER TRAINING, THAT MEANS THAT THEY WOULD ALSO BE TAKING THE OPIOID TRAINING AS BASED ON THE LANGUAGE IN THIS TEXT, BECAUSE THAT OPIOID TRAINING WOULD BE INCLUDED IN THE SELLER SERVER CURRICULUM.
SO AS KELSEY'S STATEMENT ACCURATE THAT WE ESSENTIALLY OVERSHOT THE ENROLLED VERSION BECAUSE, WE ADDED IT TO THE OPTIONAL COURSE, WHICH THE SELLER SERVER TRAINING.
AND THAT WAS KIND OF WHAT WAS PROPOSED HERE, AS YOU CAN TAKE IT ALONE, OR IF YOU JUST WANT TO TAKE IT AS PART OF YOUR SELLER SERVER, WHICH YOU DON'T HAVE TO TAKE BY LAW, BUT A LOT OF PEOPLE CHOOSE TO DO IT.
BUSINESSES CHOOSE TO DO IT, AND WE PUT IT IN THERE AS A AS AN EXTRA.
SO BASED ON THEIR COMMENTS, WE'LL PULL IT OUT OF THAT ALTOGETHER AND JUST LEAVE THE SELLER SERVER TRAINING AS IT IS, AND THEN JUST HAVE THE STANDALONE COURSE SO THAT IT MEETS THEIR NEEDS TOO. WE WERE AWARE OF THE LEGISLATIVE CHANGES.
WE DIDN'T MISS THOSE OR ANYTHING LIKE THAT TO YOUR QUESTION . CONSIDERING THE SENSITIVITY OF THIS TOPIC AND THIS SUBJECT AND THE IMPACT THAT IT'S HAD, OBVIOUSLY, WE ARE ACUTELY FOCUSED ON ENSURING THAT THE SAFETY OF OUR CITIZENS IS PARAMOUNT AND EVERYTHING THAT WE DO, ESPECIALLY AS IT RELATES TO FENTANYL.
SO WHEN IT'S ALL DONE, ONCE THIS IS IMPLEMENTED, WHAT WILL BE THE NEW STANDARD FOR RESTAURANTS AND OR BARS? RESTAURANTS WILL ALIGN WITH STATUTE WHERE THEY'RE NOT REQUIRED TO HAVE THEIR EMPLOYEES TAKE THE OPIOID TRAINING.
IT WILL BE AVAILABLE TO THEM SEPARATELY IF THEY WANT TO, BUT IT'S NOT A REQUIREMENT.
AND THEN THE BARS AND EVERYONE ELSE WILL HAVE TO TAKE THAT ANYWAY.
SO WHAT I WAS MISSING IN THAT PART.
OKAY. AND SO THEY'LL HAVE TO TAKE THE STANDALONE COURSE SEPARATELY FROM SELLER SERVER.
SO RESTAURANT EMPLOYEES WILL NOT BE REQUIRED.
HOW DO WE FEEL ABOUT THAT? LET'S JUST SEE WHAT THE, MY SUGGESTION IS THAT WE SEE WHAT THE STAKEHOLDER PROCESS COMES UP WITH.
[01:00:04]
AND WE SEE WHAT WHAT THE INFORMATION THAT COMMISSIONER MACK ASKED FOR LOOKS LIKE.MAYBE WE CAN CONTINUE TO CONSULT WITH SENATOR WEST'S OFFICE AND OTHER ELECTED OFFICIALS WHO VERY LIKELY HAVE HAVE A LOT TO SAY ABOUT THIS AND SEE WHAT WE COME UP WITH.
CONSIDER IT A MAJOR PRIORITY FOR THE STATE AND FOR OUR INDUSTRY.
ALL RIGHT. I MOVE TO APPROVE PUBLICATION OF PROPOSED AMENDED RULE 50.3-50.6 AND 50.29, ALCOHOL BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING AS RECOMMENDED BY STAFF.
MIC] VOTES HAVE BEEN RECORDED MOTION IS APPROVED.
NEXT ITEM IS EXECUTIVE SESSION.
[6. Executive Session]
THE COMMISSION WILL NOW GO INTO EXECUTIVE SESSION, UNDER GOVERNMENT CODE 551.074, 551.071 AND 551.089, IT IS NOW 11:32 AND WE ARE NOW IN EXECUTIVE SESSION.[INAUDIBLE] AND WE ARE ADJOURNED.
THANK YOU ALL. HAPPY THANKSGIVING EVERYBODY.
THANKS EVERYONE. HAPPY THANKSGIVING.
WE'LL SEE YOU IN EL PASO.
* This transcript was compiled from uncorrected Closed Captioning.