| 1 | 1 | | 81R10454 AJA-F |
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| 2 | 2 | | By: Thompson H.B. No. 3177 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of certain alcoholic beverages between |
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| 8 | 8 | | certain permitted premises. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 24.04, Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 24.04. TRANSFER OF WINE [DESIGNATION OF PLACE OF |
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| 13 | 13 | | STORAGE]. The owner of more than one wine only package store who is |
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| 14 | 14 | | also the holder of a local cartage permit may [designate one of his |
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| 15 | 15 | | places of business as a place of storage. He may] transfer |
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| 16 | 16 | | alcoholic beverages to and from the owner's [his place of storage |
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| 17 | 17 | | and his other] stores in the same county, subject to rules adopted |
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| 18 | 18 | | [prescribed] by the commission. |
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| 19 | 19 | | SECTION 2. Chapter 26, Alcoholic Beverage Code, is amended |
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| 20 | 20 | | by adding Section 26.011 to read as follows: |
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| 21 | 21 | | Sec. 26.011. TRANSFER OF WINE. The holder of more than one |
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| 22 | 22 | | wine and beer retailer's off-premise permit who is also the holder |
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| 23 | 23 | | of a local cartage permit may transfer wine to and from the permit |
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| 24 | 24 | | holder's permitted premises in the same county and in the same |
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| 25 | 25 | | manufacturer's territory, subject to rules adopted by the |
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| 26 | 26 | | commission. |
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| 27 | 27 | | SECTION 3. Section 43.01(b), Alcoholic Beverage Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | (b) A package store, wine only package store, [or] local |
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| 30 | 30 | | distributor's permittee, or wine and beer retailer's off-premise |
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| 31 | 31 | | permittee who also holds a local cartage permit may transfer |
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| 32 | 32 | | alcoholic beverages in accordance with Sections 22.08, 23.04, [and] |
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| 33 | 33 | | 24.04, and 26.011 [of this code]. |
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| 34 | 34 | | SECTION 4. Section 43.04, Alcoholic Beverage Code, is |
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| 35 | 35 | | amended to read as follows: |
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| 36 | 36 | | Sec. 43.04. ELIGIBILITY FOR PERMIT. The commission may |
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| 37 | 37 | | issue a local cartage permit to a warehouse or transfer company or |
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| 38 | 38 | | to a holder of a package store, wine only package store, [or] local |
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| 39 | 39 | | distributor's, or wine and beer retailer's off-premise permit. |
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| 40 | 40 | | SECTION 5. This Act takes effect September 1, 2009. |
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