| 1 | 1 | | 83R20543 AJA-D |
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| 2 | 2 | | By: Gutierrez H.B. No. 2126 |
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| 3 | 3 | | Substitute the following for H.B. No. 2126: |
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| 4 | 4 | | By: Gutierrez C.S.H.B. No. 2126 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of a permit to allow alcoholic beverage |
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| 10 | 10 | | wholesalers to store alcoholic beverages at certain auxiliary |
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| 11 | 11 | | locations; providing for a permitting fee. |
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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. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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| 14 | 14 | | amended by adding Chapter 19A to read as follows: |
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| 15 | 15 | | CHAPTER 19A. WHOLESALER'S BRANCH PERMIT |
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| 16 | 16 | | Sec. 19A.01. AUTHORIZED ACTIVITIES. The holder of a |
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| 17 | 17 | | wholesaler's branch permit may maintain one or more auxiliary |
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| 18 | 18 | | locations other than the permitted premises maintained by the |
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| 19 | 19 | | permit holder under the authority of a wholesaler's permit to store |
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| 20 | 20 | | alcoholic beverages that are in transit between premises covered by |
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| 21 | 21 | | that wholesaler's permit and the premises of a retailer, including |
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| 22 | 22 | | the holder of a private club registration permit, or another |
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| 23 | 23 | | wholesaler. |
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| 24 | 24 | | Sec. 19A.02. FEE. The commission shall exercise the |
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| 25 | 25 | | commission's authority under Section 5.50(b) to set an annual state |
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| 26 | 26 | | fee for a wholesaler's branch permit. |
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| 27 | 27 | | Sec. 19A.03. ELIGIBILITY FOR PERMIT. A wholesaler's branch |
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| 28 | 28 | | permit may be issued only to the holder of a wholesaler's permit. |
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| 29 | 29 | | Sec. 19A.04. ORIGINATION OF SALES OR SHIPPING PROHIBITED. |
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| 30 | 30 | | The holder of a wholesaler's branch permit may not: |
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| 31 | 31 | | (1) sell or take orders for alcoholic beverages at an |
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| 32 | 32 | | auxiliary location permitted under this chapter; or |
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| 33 | 33 | | (2) initiate shipping from an auxiliary location |
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| 34 | 34 | | permitted under this chapter of an alcoholic beverage sold by the |
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| 35 | 35 | | permit holder under the authority of the permit holder's |
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| 36 | 36 | | wholesaler's permit. |
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| 37 | 37 | | Sec. 19A.05. SAMPLING OF BEVERAGES AUTHORIZED. The holder |
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| 38 | 38 | | of a wholesaler's branch permit may allow retailers to sample |
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| 39 | 39 | | alcoholic beverages at no charge at a location permitted under this |
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| 40 | 40 | | chapter. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2013. |
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