Texas 2011 - 82nd Regular

Texas Senate Bill SB799 Compare Versions

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11 By: Nelson S.B. No. 799
22 (Geren)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the definition of "first sale" for purposes of the taxes
88 imposed on certain liquor.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 201.02, Alcoholic Beverage Code, is
1111 amended to read as follows:
1212 Sec. 201.02. "FIRST SALE" DEFINED. In this subchapter,
1313 "first sale":
1414 (1) as applied to liquor imported into this state by
1515 the holder of a wholesaler's permit authorizing importation, means
1616 the first actual sale by the permittee to the holder of any other
1717 permit authorizing the retail sale of the beverage or to the holder
1818 of a local distributor's permit; and
1919 (2) as applied to all other liquor, means the first
2020 sale, possession, distribution, or use in this state, except that
2121 the term does not include the first sale by the holder of a winery
2222 permit to another holder of a winery permit or the holder of a
2323 wholesaler's permit.
2424 SECTION 2. This Act takes effect immediately if it receives
2525 a vote of two-thirds of all the members elected to each house, as
2626 provided by Section 39, Article III, Texas Constitution. If this
2727 Act does not receive the vote necessary for immediate effect, this
2828 Act takes effect September 1, 2011.