| 1 | 1 | | By: Fraser S.B. No. 995 |
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| 2 | 2 | | (In the Senate - Filed February 28, 2011; March 8, 2011, |
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| 3 | 3 | | read first time and referred to Committee on Business and Commerce; |
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| 4 | 4 | | May 9, 2011, reported favorably by the following vote: Yeas 7, |
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| 5 | 5 | | Nays 0; May 9, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the sale of souvenir bottles of distilled spirits by the |
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| 11 | 11 | | holder of a distiller's and rectifier's permit. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subsection (a), Section 14.01, Alcoholic |
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| 14 | 14 | | Beverage Code, is amended to read as follows: |
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| 15 | 15 | | (a) The holder of a distiller's and rectifier's permit may: |
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| 16 | 16 | | (1) manufacture distilled spirits; |
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| 17 | 17 | | (2) rectify, purify, and refine distilled spirits and |
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| 18 | 18 | | wines; |
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| 19 | 19 | | (3) mix wines, distilled spirits, or other liquors; |
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| 20 | 20 | | (4) bottle, label, and package the permit holder's |
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| 21 | 21 | | finished products; |
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| 22 | 22 | | (5) sell the finished products in this state to |
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| 23 | 23 | | holders of wholesaler's permits and to qualified persons outside |
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| 24 | 24 | | the state; |
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| 25 | 25 | | (6) import distilled spirits, to be used only for |
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| 26 | 26 | | manufacturing or rectification purposes, from holders of |
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| 27 | 27 | | nonresident seller's permits; [and] |
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| 28 | 28 | | (7) dispense free distilled spirits for consumption on |
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| 29 | 29 | | the permitted premises; and |
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| 30 | 30 | | (8) sell souvenir bottles of distilled spirits to |
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| 31 | 31 | | ultimate consumers for off-premises consumption in accordance with |
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| 32 | 32 | | Section 14.05. |
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| 33 | 33 | | SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended |
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| 34 | 34 | | by adding Section 14.05 to read as follows: |
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| 35 | 35 | | Sec. 14.05. SOUVENIR BOTTLE SALES. (a) The holder of a |
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| 36 | 36 | | distiller's and rectifier's permit whose premises are located in an |
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| 37 | 37 | | area where the sale of distilled spirits is legal may sell souvenir |
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| 38 | 38 | | bottles of distilled spirits manufactured or bottled on the |
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| 39 | 39 | | permitted premises to ultimate consumers in unbroken packages for |
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| 40 | 40 | | off-premises consumption. |
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| 41 | 41 | | (b) A consumer may not purchase more than one souvenir |
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| 42 | 42 | | bottle per visit of each brand of distilled spirits manufactured or |
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| 43 | 43 | | bottled on the permitted premises. |
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| 44 | 44 | | (c) A permit holder may not sell more than 50,000 gallons of |
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| 45 | 45 | | distilled spirits under this section annually. |
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| 46 | 46 | | (d) Distilled spirits sold under this section must be sold |
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| 47 | 47 | | in container sizes that meet commission rules and that are labeled, |
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| 48 | 48 | | stamped, or otherwise designed differently than the containers the |
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| 49 | 49 | | permittee sells to wholesalers. |
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| 50 | 50 | | (e) A person authorized to sell distilled spirits under this |
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| 51 | 51 | | section may not sell a souvenir bottle of distilled spirits to a |
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| 52 | 52 | | minor or to an obviously intoxicated person. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 54 | 54 | | * * * * * |
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