| 1 | 1 | | H.B. No. 2237 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to possession by certain alcoholic beverage permit holders |
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| 6 | 6 | | of certain alcoholic beverages for cooking purposes. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 25.09, Alcoholic Beverage Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. |
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| 11 | 11 | | (a) Except as provided by this section, a [No] wine and beer |
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| 12 | 12 | | retailer's permittee or an[, nor] officer of the permittee[,] may |
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| 13 | 13 | | not possess distilled spirits or liquor containing alcohol in |
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| 14 | 14 | | excess of 17 percent by volume on the licensed premises. |
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| 15 | 15 | | (b) The commission by rule may allow a wine and beer |
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| 16 | 16 | | retailer's permittee or the permittee's officer to possess and use |
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| 17 | 17 | | alcoholic beverages in excess of 17 percent by volume on the |
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| 18 | 18 | | licensed premises for cooking purposes. |
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| 19 | 19 | | SECTION 2. Section 28.06, Alcoholic Beverage Code, is |
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| 20 | 20 | | amended by adding Subsection (e) to read as follows: |
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| 21 | 21 | | (e) The commission by rule may allow the holder of a mixed |
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| 22 | 22 | | beverage permit or an officer, agent, or employee of the permit |
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| 23 | 23 | | holder to possess and use alcoholic beverages that are not covered |
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| 24 | 24 | | by an invoice on the permitted premises for cooking purposes. |
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| 25 | 25 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 26 | 26 | | ______________________________ ______________________________ |
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| 27 | 27 | | President of the Senate Speaker of the House |
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| 28 | 28 | | I certify that H.B. No. 2237 was passed by the House on March |
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| 29 | 29 | | 31, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not |
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| 30 | 30 | | voting. |
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| 31 | 31 | | ______________________________ |
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| 32 | 32 | | Chief Clerk of the House |
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| 33 | 33 | | I certify that H.B. No. 2237 was passed by the Senate on May |
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| 34 | 34 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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| 35 | 35 | | ______________________________ |
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| 36 | 36 | | Secretary of the Senate |
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| 37 | 37 | | APPROVED: _____________________ |
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| 38 | 38 | | Date |
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| 39 | 39 | | _____________________ |
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| 40 | 40 | | Governor |
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