Texas 2009 - 81st Regular

Texas House Bill HB2684 Compare Versions

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

Old	New	Differences
1	1	81R10196 MCK-F
2	2	By: Paxton H.B. No. 2684
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the purchase and transport of alcoholic beverages by
8	8	the holder of a mixed beverage permit.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 23.04, Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a
13	13	local distributor's permit also holds a local cartage permit, the
14	14	permittee [he] may transfer:
15	15	(1) alcoholic beverages from a place where the
16	16	alcoholic beverages may be legally purchased:
17	17	(A) [(1)] to any place where the sale of
18	18	alcoholic beverages is legal in the city or county where the local
19	19	distributor's [his] premises are located; and
20	20	(B) [(2)] to a regional airport located all or
21	21	partly in an adjoining county if the airport is governed by a board,
22	22	commission, or authority, some of whose members reside in the
23	23	county where the local distributor's premises are located; and
24	24	(2) distilled spirits and wine to the premises of a
25	25	mixed beverage permittee located in an area described by Section
26	26	28.07(d).
27	27	SECTION 2. Section 28.07, Alcoholic Beverage Code, is
28	28	amended by amending Subsection (a) and adding Subsections (d) and
29	29	(e) to read as follows:
30	30	(a) Except as otherwise provided by this section, all [All]
31	31	distilled spirits sold by a holder of a mixed beverage permit must
32	32	be purchased from a holder of a local distributor's permit in the
33	33	county in which the premises of a mixed beverage permittee is
34	34	located.
35	35	(d) A mixed beverage permittee located in a county that has
36	36	a population of 450,000 or more in which there are not at least
37	37	eight local distributor's permittees of separate ownership
38	38	actively engaged in the distribution of distilled spirits and which
39	39	is adjacent to a county with a population in excess of two million
40	40	may purchase distilled spirits and wine in the nearest county where
41	41	local distributor's permittees are located and may transport them
42	42	to the mixed beverage permittee's premises under the same
43	43	conditions set forth in Subsection (b) for the transfer of
44	44	alcoholic beverages. A mixed beverage permittee whose premises are
45	45	located in a county in which a mixed beverage permittee's purchase
46	46	of distilled spirits and wine from a local distributor in an
47	47	adjacent county and the transport of those beverages to the mixed
48	48	beverage permittee's premises has ever been authorized under this
49	49	subsection may continue to purchase distilled spirits and wine from
50	50	a local distributor in an adjacent county and transport the
51	51	beverages to the permittee's premises regardless of whether the
52	52	number of local distributors described by this section that are
53	53	located in the county in which the mixed beverage permittee's
54	54	premises are located increases.
55	55	(e) Sections 102.56(b), (c), and (d) apply to mixed beverage
56	56	permittees covered by this section and purchases of alcoholic
57	57	beverages covered by this section, and purchases of alcoholic
58	58	beverages covered by this section are subject to the restrictions
59	59	prescribed by those sections.
60	60	SECTION 3. The change in law made by this Act applies only
61	61	to the purchase of an alcoholic beverage on or after the effective
62	62	date of this Act. The purchase of an alcoholic beverage before the
63	63	effective date of this Act is governed by the law in effect
64	64	immediately before that date, and that law is continued in effect
65	65	for that purpose.
66	66	SECTION 4. This Act takes effect September 1, 2009.