Texas 2009 - 81st Regular

Texas House Bill HB2096 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9732 MCK-D
2	2	By: Eissler H.B. No. 2096
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring the registration of certain containers of
8	8	alcoholic beverages; providing criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Alcoholic Beverage Code, is amended by
11	11	adding Chapter 111 to read as follows:
12	12	CHAPTER 111. KEG REGISTRATION
13	13	Sec. 111.01. DEFINITION. In this chapter, "keg" means a
14	14	container that is designed to:
15	15	(1) hold four gallons or more of an alcoholic
16	16	beverage; and
17	17	(2) dispense the alcoholic beverage directly from the
18	18	container for purposes of consumption.
19	19	Sec. 111.02. APPLICABILITY. This chapter applies only to a
20	20	keg sold by a retailer to an ultimate consumer.
21	21	Sec. 111.03. KEG REGISTRATION LABEL REQUIRED. (a) A
22	22	license or permit holder may not sell an alcoholic beverage in a keg
23	23	for off-premises consumption unless the license or permit holder
24	24	affixes a keg registration label to the keg before the purchaser
25	25	takes possession of the keg.
26	26	(b) The keg registration label must include:
27	27	(1) a keg registration number;
28	28	(2) the name, address, telephone number, and license
29	29	or permit number of the license or permit holder; and
30	30	(3) any other information required by the commission.
31	31	(c) The commission shall prescribe and furnish keg
32	32	registration labels.
33	33	Sec. 111.04. KEG REGISTRATION DECLARATION AND RECEIPT FORM
34	34	REQUIRED. (a) Before a license or permit holder sells an alcoholic
35	35	beverage in a keg for off-premises consumption, the license or
36	36	permit holder shall require the purchaser to complete a keg
37	37	registration declaration and receipt form.
38	38	(b) The keg registration declaration and receipt form must
39	39	contain:
40	40	(1) the name and address of the purchaser;
41	41	(2) the keg registration number;
42	42	(3) the date and time of the purchase;
43	43	(4) the form of identification presented by the
44	44	purchaser;
45	45	(5) a statement signed by the purchaser indicating
46	46	that the purchaser:
47	47	(A) is 21 years of age or older;
48	48	(B) does not intend to allow persons under 21
49	49	years of age to consume the alcoholic beverage purchased; and
50	50	(C) will not remove or obliterate or allow the
51	51	removal or obliteration of the registration label affixed to the
52	52	keg; and
53	53	(6) any other information required by the commission.
54	54	(c) A purchaser who obtains alcoholic beverages in more than
55	55	one keg from a license or permit holder on the same date in a single
56	56	transaction may complete one keg registration declaration and
57	57	receipt form for all kegs purchased in the single transaction. In a
58	58	single transaction each keg may be listed on the same keg
59	59	registration declaration and receipt form.
60	60	(d) The license or permit holder shall verify the
61	61	information provided by the purchaser under Subsection (b)(1) with
62	62	a form of identification as prescribed by commission rule.
63	63	(e) The commission shall prescribe and furnish the keg
64	64	registration declaration and receipt form required by this section.
65	65	Sec. 111.05. RECORDKEEPING. (a) A license or permit holder
66	66	shall maintain for a period of one year an accurate record of all
67	67	keg registration declaration and receipt forms and other
68	68	documentation relating to the license or permit holder's sale of an
69	69	alcoholic beverage in a keg for off-premises consumption, including
70	70	the keg registration label, at the place of business designated in
71	71	the license or permit.
72	72	(b) The license or permit holder shall make the records
73	73	relating to the sale of an alcoholic beverage in a keg open to
74	74	inspection by the commission or law enforcement officers at
75	75	reasonable dates and times.
76	76	Sec. 111.06. REMOVAL OF KEG REGISTRATION LABEL PROHIBITED.
77	77	A person other than the license or permit holder who sold the
78	78	alcoholic beverage in the keg may not remove, alter, deface, or
79	79	obliterate the keg registration label affixed to the keg.
80	80	Sec. 111.07. TRANSFER OF REGISTERED KEG. (a) Except as
81	81	authorized by the commission, a person may not transfer possession
82	82	of a registered keg to another person.
83	83	(b) This section does not apply to the return of the
84	84	registered keg to the license or permit holder.
85	85	Sec. 111.08. RETURN OF KEG. (a) On the return of a
86	86	registered keg by a purchaser, the license or permit holder shall:
87	87	(1) remove the keg registration label from the keg;
88	88	and
89	89	(2) indicate the return of the keg on the keg
90	90	registration declaration and receipt form.
91	91	(b) If a keg is returned without a keg registration label or
92	92	with a keg registration label that has been altered, defaced, or
93	93	obliterated, the license or permit holder shall report the name of
94	94	the person who purchased the keg to the commission and the local law
95	95	enforcement agency.
96	96	Sec. 111.09. CRIMINAL OFFENSES. (a) A person other than a
97	97	license or permit holder commits an offense if the person possesses
98	98	a keg containing an alcoholic beverage that does not have a keg
99	99	registration label affixed to the keg.
100	100	(b) A person commits an offense if the person removes,
101	101	alters, defaces, or obliterates the keg registration label affixed
102	102	to a keg in violation of this chapter.
103	103	(c) An offense under this section is a Class C misdemeanor.
104	104	Sec. 111.10. DEFENSE. It is a defense to prosecution under
105	105	Section 111.09 that:
106	106	(1) the person is the purchaser of the keg or another
107	107	person authorized to possess the keg;
108	108	(2) the keg was stolen; and
109	109	(3) the theft was reported by the purchaser or other
110	110	person authorized to possess the keg to the local law enforcement
111	111	agency within 24 hours of the theft.
112	112	SECTION 2. (a) The Texas Alcoholic Beverage Commission
113	113	shall adopt all rules, forms, and labels necessary to implement
114	114	Chapter 111, Alcoholic Beverage Code, as added by this Act, not
115	115	later than June 1, 2010.
116	116	(b) A license or permit holder authorized to sell alcoholic
117	117	beverages is not required to comply with the requirements of
118	118	Chapter 111, Alcoholic Beverage Code, as added by this Act, before
119	119	June 1, 2010.
120	120	SECTION 3. This Act takes effect September 1, 2009.