83R20543 AJA-D
By: Gutierrez H.B. No. 2126
Substitute the following for H.B. No. 2126:
By: Gutierrez C.S.H.B. No. 2126
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a permit to allow alcoholic beverage
wholesalers to store alcoholic beverages at certain auxiliary
locations; providing for a permitting fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 19A to read as follows:
CHAPTER 19A. WHOLESALER'S BRANCH PERMIT
Sec. 19A.01. AUTHORIZED ACTIVITIES. The holder of a
wholesaler's branch permit may maintain one or more auxiliary
locations other than the permitted premises maintained by the
permit holder under the authority of a wholesaler's permit to store
alcoholic beverages that are in transit between premises covered by
that wholesaler's permit and the premises of a retailer, including
the holder of a private club registration permit, or another
wholesaler.
Sec. 19A.02. FEE. The commission shall exercise the
commission's authority under Section 5.50(b) to set an annual state
fee for a wholesaler's branch permit.
Sec. 19A.03. ELIGIBILITY FOR PERMIT. A wholesaler's branch
permit may be issued only to the holder of a wholesaler's permit.
Sec. 19A.04. ORIGINATION OF SALES OR SHIPPING PROHIBITED.
The holder of a wholesaler's branch permit may not:
(1) sell or take orders for alcoholic beverages at an
auxiliary location permitted under this chapter; or
(2) initiate shipping from an auxiliary location
permitted under this chapter of an alcoholic beverage sold by the
permit holder under the authority of the permit holder's
wholesaler's permit.
Sec. 19A.05. SAMPLING OF BEVERAGES AUTHORIZED. The holder
of a wholesaler's branch permit may allow retailers to sample
alcoholic beverages at no charge at a location permitted under this
chapter.
SECTION 2. This Act takes effect September 1, 2013.