By: Geren H.B. No. 2807
A BILL TO BE ENTITLED
AN ACT
relating to the purchase of alcoholic beverages by mixed beverage
and private club permittees from local distributors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 23.04, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a
local distributor's permit also holds a local cartage permit, he
may transfer alcoholic beverages:
(1) to any place where the sale of alcoholic beverages
is legal in the city or county where his premises are located and in
an adjoining county; and
(2) to a regional airport located all or partly in an
adjoining county if the airport is governed by a board, commission,
or authority, some of whose members reside in the county where the
local distributor's premises are located.
SECTION 2. Section 28.07, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 28.07. PURCHASE AND TRANSPORTATION OF ALCOHOLIC
BEVERAGES. (a) All distilled spirits sold by a holder of a mixed
beverage permit must be purchased from a holder of a local
distributor's permit in the county in which the premises of a mixed
beverage permittee is located or in an adjoining county.
(b) If a holder of a mixed beverage permit is in a county
where there are no local distributors, he may purchase alcoholic
beverages in an adjoining county or the nearest county where local
distributors are located and may transport them to his premises
provided that he is also a holder of a beverage cartage permit. The
transporter may acquire the alcoholic beverages only on the written
order of the holder of the mixed beverage permit. The alcoholic
beverages must be accompanied by a written statement furnished and
signed by the local distributor showing the name and address of the
consignee and consignor, the origin and destination of the
shipment, and any other information required by the commission or
administrator. The person in charge of the alcoholic beverages
while they are being transported shall exhibit the written
statement to any representative of the commission or any peace
officer on demand, and the statement shall be accepted by the
representative or officer as prima facie evidence of the lawful
right to transport the alcoholic beverages.
(c) If a mixed beverage permittee holds a beverage cartage
permit and his premises are located in a regional airport governed
by a board, commission, or authority composed of members from two or
more counties, and there is no local distributor at the airport, the
mixed beverage permittee may purchase alcoholic beverages from any
local distributor in a trade area served by the airport and
transport them to his licensed premises. The transportation of the
beverages must be in accordance with Subsection (b) of this
section.
SECTION 3. Section 32.08, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC
BEVERAGES. (a) All distilled spirits sold by a club holding a
private club registration permit must be purchased in this state
from a holder of a local distributor's permit.
(b) A club may purchase distilled spirits from any local
distributor located in the same county as the club or in any
adjoining county. If the club holding the permit is in an area
where there are no local distributors, alcoholic beverages may be
purchased in any area where local distributors are located and may
be transported to the club premises if the club also holds a
beverage cartage permit. The transporter may acquire the alcoholic
beverages only on the written order of an officer or manager of the
club holding the permit. The alcoholic beverages must be
accompanied by a written statement furnished and signed by the
local distributor showing the name and address of the consignee and
consignor, the origin and destination of the shipment, and any
other information required by the commission or administrator. The
person in charge of the alcoholic beverages while they are being
transported shall exhibit the written statement to any
representative of the commission or any peace officer on demand,
and the statement shall be accepted by the representative or
officer as prima facie evidence of the lawful right to transport the
alcoholic beverages.
(c) If a private club registration permittee holds a
beverage cartage permit and his premises are located in a regional
airport governed by a board, commission, or authority composed of
members from two or more counties, and there is no local distributor
at the airport, the private club registration permittee may
purchase alcoholic beverages from any local distributor in a trade
area served by the airport and transport them to his licensed
premises. The transportation of the beverages must be in
accordance with Subsection (b) of this section.
SECTION . This Act takes effect September 1, 2013.