81R10196 MCK-F
By: Paxton H.B. No. 2684
A BILL TO BE ENTITLED
AN ACT
relating to the purchase and transport of alcoholic beverages by
the holder of a mixed beverage permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 23.04, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a
local distributor's permit also holds a local cartage permit, the
permittee [he] may transfer:
(1) alcoholic beverages from a place where the
alcoholic beverages may be legally purchased:
(A) [(1)] to any place where the sale of
alcoholic beverages is legal in the city or county where the local
distributor's [his] premises are located; and
(B) [(2)] to a regional airport located all or
partly in an adjoining county if the airport is governed by a board,
commission, or authority, some of whose members reside in the
county where the local distributor's premises are located; and
(2) distilled spirits and wine to the premises of a
mixed beverage permittee located in an area described by Section
28.07(d).
SECTION 2. Section 28.07, Alcoholic Beverage Code, is
amended by amending Subsection (a) and adding Subsections (d) and
(e) to read as follows:
(a) Except as otherwise provided by this section, all [All]
distilled spirits sold by a holder of a mixed beverage permit must
be purchased from a holder of a local distributor's permit in the
county in which the premises of a mixed beverage permittee is
located.
(d) A mixed beverage permittee located in a county that has
a population of 450,000 or more in which there are not at least
eight local distributor's permittees of separate ownership
actively engaged in the distribution of distilled spirits and which
is adjacent to a county with a population in excess of two million
may purchase distilled spirits and wine in the nearest county where
local distributor's permittees are located and may transport them
to the mixed beverage permittee's premises under the same
conditions set forth in Subsection (b) for the transfer of
alcoholic beverages. A mixed beverage permittee whose premises are
located in a county in which a mixed beverage permittee's purchase
of distilled spirits and wine from a local distributor in an
adjacent county and the transport of those beverages to the mixed
beverage permittee's premises has ever been authorized under this
subsection may continue to purchase distilled spirits and wine from
a local distributor in an adjacent county and transport the
beverages to the permittee's premises regardless of whether the
number of local distributors described by this section that are
located in the county in which the mixed beverage permittee's
premises are located increases.
(e) Sections 102.56(b), (c), and (d) apply to mixed beverage
permittees covered by this section and purchases of alcoholic
beverages covered by this section, and purchases of alcoholic
beverages covered by this section are subject to the restrictions
prescribed by those sections.
SECTION 3. The change in law made by this Act applies only
to the purchase of an alcoholic beverage on or after the effective
date of this Act. The purchase of an alcoholic beverage before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2009.