83R6360 MCK-D
By: Carona S.B. No. 1090
A BILL TO BE ENTITLED
AN ACT
relating to the manufacture, distribution, sale, and provision of
alcoholic beverages and the regulation of those activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.04, Alcoholic Beverage Code, is
amended by amending Subdivision (15) and adding Subdivisions (26)
and (27) to read as follows:
(15) "Beer" means a malt beverage containing one-half
of one percent or more of alcohol by volume and not more than four
percent of alcohol by weight[, and does not include a beverage
designated by label or otherwise by a name other than beer].
(26) "Criminal negligence" has the meaning assigned by
Section 6.03, Penal Code.
(27) "Intoxicated" has the meaning assigned by Section
49.01, Penal Code.
SECTION 2. Section 1.07(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) For purposes of any provision of this code that requires
an applicant for a license or permit to be a United States citizen
[or Texas citizen], regardless of whether it applies to an
individual, a percentage of stockholders of a corporation, or
members of a partnership, firm, or association, an individual who
is not a United States citizen but who legally resides in the state
is treated as a United States citizen [and a citizen of Texas].
SECTION 3. Section 5.11, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.11. ADMINISTRATOR. (a) The commission shall appoint
an administrator to serve at its will and, subject to its
supervision, administer this code. Unless the commission orders
otherwise, the administrator shall be manager, secretary, and
custodian of all records. The administrator shall devote the
administrator's [his] entire time to the office and shall receive a
salary as appropriated by the legislature.
(b) The administrator is also known as the executive
director.
SECTION 4. Section 5.13, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.13. ASSISTANT ADMINISTRATOR. (a) The administrator
shall appoint an assistant administrator. The assistant
administrator must meet the same qualifications as the
administrator. The assistant administrator shall take the
constitutional oath of office. In the absence of the administrator,
or in case of the administrator's [his] inability to act, the
assistant administrator shall perform the duties conferred on the
administrator by law or delegated to the administrator by the
commission. If there is a vacancy in the office of administrator,
the assistant administrator shall perform the duties of the
administrator until an administrator has been appointed by the
commission. At other times the assistant administrator [he] shall
perform those duties and have those functions, powers, and
authority as may be delegated to the assistant administrator [him]
by the administrator.
(b) The assistant administrator is also known as the deputy
executive director.
SECTION 5. Section 5.15, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.15. ASSISTANT ATTORNEYS GENERAL. The attorney
general may [shall] appoint as many as six assistant attorneys
general, as the commission determines necessary, to enable the
commission to more efficiently enforce this code. The attorney
general and the assistant attorneys general shall prosecute all
suits requested by the commission and defend all suits against the
commission. The commission shall provide the assistant attorneys
general with necessary stenographers and office space. The
assistant attorneys general shall be paid by the commission out of
funds appropriated to it for the administration of this code. Their
compensation shall be on the same basis as assistant attorneys
general devoting their time to general state business.
SECTION 6. Section 5.32, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.32. MAY REQUIRE REPORTS. The commission may require
[the filing of reports and other data by] persons engaged in the
alcoholic beverage business to provide information, records, or
other documents [which] the commission finds necessary to
accomplish the purposes of this code.
SECTION 7. Section 6.03(l), Alcoholic Beverage Code, is
amended to read as follows:
(l) Corporations holding a permit or license under Chapters
25-34, Chapter 44, Chapters 48-51, Chapters 69-72, or Chapter 74
[subject to Subsection (k) of this section] that have substantially
similar ownership may merge or consolidate. A fee of $100 shall be
paid to the commission for each licensed or permitted premises that
is merged or consolidated into the surviving corporation. The
surviving corporation succeeds to all privileges of the prior
corporation that held the permits or licenses if the surviving
corporation is qualified to hold the permits or licenses under this
code. For the purposes of this subsection, corporations have
substantially similar ownership if 90 percent or more of the
corporations is owned by the same person or persons or by the same
corporation or corporations or if the surviving corporation has
maintained an ownership interest in the merged or consolidated
corporations since the date the original permit or license was
issued.
SECTION 8. Section 6.05, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 6.05. CORPORATE LIABILITY. A corporation with an
ownership interest in a corporation holding a permit or license
under Chapters 25-34, Chapter 44, Chapters 48-51, Chapters 69-72,
or Chapter 74 [Section 6.03(k) of this code] and which shares space,
employees, business facilities, or services is subject to liability
under Chapter 2 [of this code].
SECTION 9. Chapter 11, Alcoholic Beverage Code, is amended
by adding Section 11.14 to read as follows:
Sec. 11.14. AUTOMATED DISPENSING MACHINES. (a) In this
section, "payment card" means a credit card, debit card, check
card, or other card that is issued to an authorized user to purchase
or obtain goods, services, money, or any other thing of value.
(b) A permittee authorized to sell wine for on-premises
consumption may use an automated machine that is activated by the
use of a payment card to dispense the wine. Only an employee of the
permittee who is authorized to serve alcoholic beverages may
dispense wine from an automated machine authorized by this section.
SECTION 10. Section 11.46(a) Alcoholic Beverage Code, is
amended to read as follows:
(a) The commission or administrator may refuse to issue an
original or renewal permit with or without a hearing if the
commission or administrator [it] has reasonable grounds to believe
and finds that any of the following circumstances exists:
(1) the applicant has been convicted in a court of
competent jurisdiction of the violation of any provision of this
code during the two years immediately preceding the filing of the
applicant's [his] application;
(2) five years have not elapsed since the termination,
by pardon or otherwise, of a sentence imposed on the applicant for
the conviction of a felony;
(3) within the six-month period immediately preceding
the applicant's [his] application the applicant violated or caused
to be violated a provision of this code or a rule or regulation of
the commission which involves moral turpitude, as distinguished
from a technical violation of this code or of the rule;
(4) the applicant failed to answer or falsely or
incorrectly answered a question in an original or renewal
application;
(5) the applicant is indebted to the state for any
taxes, fees, or payment of penalty imposed by this code or by rule
of the commission;
(6) the applicant is not of good moral character or the
applicant's [his] reputation for being a peaceable, law-abiding
citizen in the community where the applicant [he] resides is bad;
(7) the applicant is a minor;
(8) the place or manner in which the applicant may
conduct the applicant's [his] business warrants the refusal of a
permit based on the general welfare, health, peace, morals, and
safety of the people and on the public sense of decency;
(9) the applicant is in the habit of using alcoholic
beverages to excess or is physically or mentally incapacitated;
(10) the applicant will sell liquor unlawfully in a
dry area or in a manner contrary to law or will knowingly permit an
agent, servant, or employee to do so;
(11) the applicant is not a United States citizen [or
has not been a citizen of Texas for a period of one year immediately
preceding the filing of his application], unless the applicant [he]
was issued a permit or renewal permit on or before September 1,
1948, and has at some time been a United States citizen;
(12) the applicant does not provide an adequate
building available at the address for which the permit is sought
before conducting any activity authorized by the permit;
(13) the applicant is residentially domiciled with a
person whose permit or license has been cancelled for cause within
the 12 months immediately preceding the date of the applicant's
[his] present application;
(14) the applicant has failed or refused to furnish a
true copy of the applicant's [his] application to the commission's
district office in the district in which the premises for which the
permit is sought are located; or
(15) during the six months immediately preceding the
filing of the application the premises for which the permit is
sought have been operated, used, or frequented for a purpose or in a
manner that is lewd, immoral, or offensive to public decency.
SECTION 11. Section 11.61(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commission or administrator may suspend for not more
than 60 days or cancel an original or renewal permit if it is found,
after notice and hearing, that any of the following is true:
(1) the permittee has been finally convicted of a
violation of this code;
(2) the permittee violated a provision of this code or
a rule of the commission;
(3) the permittee was finally convicted of a felony
while holding an original or renewal permit;
(4) the permittee made a false or misleading statement
in connection with the permittee's [his] original or renewal
application, either in the formal application itself or in any
other written instrument relating to the application submitted to
the commission, its officers, or employees;
(5) the permittee is indebted to the state for taxes,
fees, or payment of penalties imposed by this code, by a rule of the
commission, or by Chapter 183, Tax Code;
(6) the permittee is not of good moral character or the
permittee's [his] reputation for being a peaceable and law-abiding
citizen in the community where the permittee [he] resides is bad;
(7) the place or manner in which the permittee
conducts the permittee's [his] business warrants the cancellation
or suspension of the permit based on the general welfare, health,
peace, morals, and safety of the people and on the public sense of
decency;
(8) the permittee is not maintaining an acceptable
bond;
(9) the permittee maintains a noisy, lewd, disorderly,
or unsanitary establishment or has supplied impure or otherwise
deleterious beverages;
(10) the permittee is insolvent or mentally or
physically unable to carry on the management of the permittee's
[his] establishment;
(11) the permittee is in the habit of using alcoholic
beverages to excess;
(12) the permittee knowingly misrepresented to a
customer or the public any liquor sold by the permittee [him];
(13) the permittee was intoxicated on the licensed
premises;
(14) the permittee sold or delivered an alcoholic
beverage to an intoxicated person;
(15) the permittee possessed on the licensed premises
an alcoholic beverage that the permittee [he] was not authorized
[by his permit] to purchase and sell;
(16) a package store or wine only package store
permittee transported or shipped liquor, or caused it to be
transported or shipped, into a dry state or a dry area within this
state;
(17) the permittee is residentially domiciled with a
person who has a financial interest in an establishment engaged in
the business of selling beer at retail, other than a mixed beverage
establishment, except as authorized by Section 22.06, 24.05, or
102.05 [of this code];
(18) the permittee is residentially domiciled with a
person whose permit or license was cancelled for cause within the
12-month period preceding the permittee's [his] own application;
(19) the permittee is not a citizen of the United
States [or has not been a citizen of Texas for a period of one year
immediately preceding the filing of his application], unless the
permittee [he] was issued an original or renewal permit on or before
September 1, 1948, and has been a United States citizen at some
time;
(20) the permittee permitted a person to open a
container of alcoholic beverage or possess an open container of
alcoholic beverage on the licensed premises unless a mixed beverage
permit has been issued for the premises;
(21) the permittee failed to promptly report to the
commission a breach of the peace occurring on the permittee's
licensed premises;
(22) the permittee consumed an alcoholic beverage or
permitted one to be consumed on the licensed premises at a time when
the consumption of alcoholic beverages is prohibited by this code;
or
(23) the permittee sold, served, or delivered an
alcoholic beverage at a time when its sale is prohibited.
SECTION 12. Section 11.72, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The
commission or administrator may suspend or revoke the permit of a
person who is represented by the holder of an agent's permit as
described by Section 35.01 or a manufacturer's agent's permit as
described by Section 36.01 or otherwise discipline the person based
on an act or omission of the holder of an agent's or manufacturer's
agent's permit only if an individual employed by the person in a
supervisory position:
(1) was directly involved in the act or omission of the
holder of an agent's or manufacturer's agent's permit;
(2) had notice or knowledge of the act or omission; or
(3) failed to take reasonable steps to prevent the act
or omission.
SECTION 13. Section 24.01(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The qualifications for a wine only package store permit
whose premises is in a wet area permitting the legal sale of wine
for off-premises consumption only as determined by an election held
under Section 251.19 are the same as the qualifications for a permit
issued under Chapter 26 [of this code, including the citizenship
requirements prescribed by Section 6.03].
SECTION 14. Section 26.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a wine and beer retailer's off-premise
permit may sell for off-premises consumption only, in unbroken
original containers, but not for resale, wine, beer, and malt
liquors containing alcohol in excess of one-half of one percent by
volume but not more than 17 percent by volume.
SECTION 15. Section 28.13(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) The provisions of Section 109.53 that relate to
citizenship [residency] requirements and compliance with Texas
laws of incorporation:
(1) do not apply to the holders of a mixed beverage
permit under Subsection (a); and
(2) do apply to the holder of a mixed beverage permit
under Subsection (a-1).
SECTION 16. Chapter 35, Alcoholic Beverage Code, is amended
by adding Section 35.08 to read as follows:
Sec. 35.08. GRACE PERIOD. A person may engage in the
activities specified in Section 35.01 for an initial grace period
of five days during which the person shall procure an agent's permit
from the commission.
SECTION 17. Chapter 36, Alcoholic Beverage Code, is amended
by adding Section 36.09 to read as follows:
Sec. 36.09. GRACE PERIOD. A person may engage in the
activities specified in Section 36.01 for an initial grace period
of five days during which the person shall procure a manufacturer's
agent's permit from the commission.
SECTION 18. Section 51.09, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 51.09. COIN-OPERATED MACHINES PROHIBITED. Except as
provided by Section 11.14, nothing [Nothing] in this chapter shall
be construed as authorizing nor may the commission or administrator
authorize the sale of any alcoholic beverage from a coin-operated
machine or similar device operated by the consumer.
SECTION 19. Section 61.38, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 61.38. NOTICE OF APPLICATION. (a) Every original
applicant [When an application] for a license to manufacture, [or]
distribute, or [beer is filed, the county clerk shall post at the
courthouse door a written notice containing the substance of the
application and the date set for hearing.
[(b) When an original application to sell beer at retail at
a location previously licensed is filed, the county clerk shall
post at the courthouse door a written notice containing the
substance of the application and the date set for hearing.
[(c) When an original application to] sell beer at retail
shall give notice of the application by publication at the
applicant's own expense in [at a location not previously licensed
is filed, the county clerk shall publish notice for] two
consecutive issues of [in] a newspaper of general circulation
published in the city or town in which the applicant's place of
business is [to be] located. If no newspaper [of general
circulation] is published in that city or town, the notice must
[shall] be published in a newspaper of general circulation
published in the county where the applicant's business is [to be]
located. If no newspaper [of general circulation] is published in
that county, the notice must [shall] be published in a qualified
newspaper [which is] published in the closest neighboring county
and [is] circulated in the county where the applicant's business is
located [license is sought].
(b) The notice must [shall] be printed in 10-point boldface
type and must include:
(1) [shall set forth] the type of license applied for;
(2) the exact location of the business for which the
license is sought;
(3) the name of each [the] owner of the business and,
if the business is operated under an assumed name, [or owners;] the
trade name together with the name of each owner[, if operating under
an assumed name]; and
(4) if [in] the [case of a corporate] applicant is a
corporation, the names and titles of all officers [of the
corporation].
(c) An applicant for a renewal license is not required to
publish notice. [At the time the application is filed, the
applicant shall deposit with the clerk the cost of publishing
notice, which the clerk shall use to pay for the publication.]
SECTION 20. Section 61.42(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The county judge shall refuse to approve an application
for a license as a distributor or retailer if the county judge [he]
has reasonable grounds to believe and finds that:
(1) the applicant is a minor;
(2) the applicant is indebted to the state for any
taxes, fees, or penalties imposed by this code or by rule of the
commission;
(3) the place or manner in which the applicant for a
retail dealer's license may conduct the applicant's [his] business
warrants a refusal of a license based on the general welfare,
health, peace, morals, safety, and sense of decency of the people;
(4) the applicant is in the habit of using alcoholic
beverages to excess or is mentally or physically incompetent;
(5) the applicant is not a United States citizen [or
has not been a citizen of Texas for a period of one year immediately
preceding the filing of his application], unless the applicant [he]
was issued an original or renewal license on or before September 1,
1948;
(6) the applicant was finally convicted of a felony
during the five years immediately preceding the filing of the
applicant's [his] application;
(7) the applicant is not of good moral character or the
applicant's [his] reputation for being a peaceable, law-abiding
citizen in the community where the applicant [he] resides is bad; or
(8) as to a corporation, it is not incorporated under
the laws of this state, or at least 51 percent of the corporate
stock is not owned at all times by persons who individually are
qualified to obtain a license, except that this subdivision does
not apply to a holder of any renewal of a distributor's license
which was in effect on January 1, 1953, or to an applicant for a beer
retailer's on-premise license for a railway car.
SECTION 21. Section 102.07(g), Alcoholic Beverage Code, is
amended to read as follows:
(g) Subsection (a) does not prohibit a permittee covered
under Subsection (a) from prearranging or preannouncing a
promotional activity otherwise permitted by this code with a
retailer about a promotional activity to be held on the retailer's
premises. [A holder of a wholesaler's or class B wholesaler's permit
may prearrange a promotional activity only for distilled spirits or
wine.] Notwithstanding any other provision, a permittee may:
(1) preannounce a promotion to a consumer; or
(2) preannounce the purchase of wine, [or] distilled
spirits, ale, or malt liquor to a consumer.
SECTION 22. Section 102.15, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 102.15. MANUFACTURER OR DISTRIBUTOR: PROHIBITED
DEALINGS WITH RETAILER. (a) Except as provided by Subsection (b),
no [No] manufacturer or distributor directly or indirectly, or
through a subsidiary, affiliate, agent, employee, officer,
director, or firm member, may:
(1) furnish, give, or lend any money or other thing of
value to a person engaged or about to be engaged in selling brewery
products for on-premises or off-premises consumption, or give the
person any money or thing of value for his use, benefit, or relief;
or
(2) guarantee the repayment of a loan or the
fulfillment of a financial obligation of a person engaged in or
about to be engaged in selling beer at retail.
(b) Subsection (a) does not prohibit a manufacturer or
distributor from prearranging or preannouncing a promotional
activity otherwise permitted by this code with a retailer about a
promotional activity to be held on the retailer's premises.
Notwithstanding any other provision, a manufacturer or distributor
may:
(1) preannounce a promotion to a consumer; or
(2) preannounce the purchase of beer to a consumer.
SECTION 23. Section 104.04, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 104.04. DRAFT MALT BEVERAGE [BEER] DISPENSER: SIGN
REQUIRED. No retail dealer may dispense draft beer, malt liquor, or
ale unless each faucet or other dispensing apparatus is equipped
with a sign clearly indicating the name or brand of the product
being dispensed through the faucet or apparatus. The sign must be
in full sight of the purchaser, and the letters on it must be
legible.
SECTION 24. Section 106.09(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) The fact that a person is 18, 19, or 20 years of age is
not a ground for refusal of an original or renewal permit or license
issued under Chapter 35, 36, or 73 [of this code], provided that
such a person to whom a permit or license is issued may carry out the
activities authorized by those chapters only while in the actual
course and scope of the person's employment.
SECTION 25. Section 108.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) No manufacturer or distributor directly or indirectly,
or through a subsidiary, affiliate, agent, employee, officer,
director, or firm member, may publish, disseminate, or cause to be
published or disseminated by any medium enumerated in Subsection
(b) [of this section] an advertisement of a brewery product that:
(1) causes or is reasonably calculated to cause
deception of the consumer with respect to the product advertised;
(2) directly or by ambiguity, omission, or inference
tends to create a misleading impression;
(3) is untrue in any particular;
(4) [refers to the alcohol content of the product;
[(5)] disparages a competitor's product; or
(5) [(6)] is obscene or indecent.
SECTION 26. Section 108.09, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 108.09. [CERTAIN] ADVERTISING WHERE PRODUCT MAY BE
PURCHASED [BY WINERY]. (a) Notwithstanding [Section 102.07 or]
any other provision of this code, a member of the manufacturing or
wholesale tier [winery] may include information in its [the
winery's] advertising that informs the public of where its [the
winery's] products may be purchased.
(b) A member of the manufacturing tier [winery] may not give
compensation to or receive compensation from a licensed or
permitted member of the wholesale or retail tier for advertising
described by Subsection (a). A member of the wholesale tier may not
give compensation to or receive compensation from a licensed or
permitted member of the manufacturing or retail tier for
advertising described by Subsection (a).
SECTION 27. Section 109.53, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 109.53. CITIZENSHIP OF PERMITTEE; CONTROL OF
PREMISES; SUBTERFUGE OWNERSHIP; ETC. [No person who has not been
a citizen of Texas for a period of one year immediately preceding
the filing of his application therefor shall be eligible to receive
a permit under this code.] No permit except a brewer's permit, and
such other licenses and permits as are necessary to the operation of
a brewer's permit, shall be issued to a corporation unless the same
be incorporated under the laws of the state and unless at least 51
percent of the stock of the corporation is owned at all times by
citizens [who have resided within the state for a period of one year
and] who possess the qualifications required of other applicants
for permits; provided, however, that the restrictions contained in
the preceding clause shall not apply to domestic or foreign
corporations that were engaged in the legal alcoholic beverage
business in this state under charter or permit prior to August 24,
1935. Partnerships, firms, and associations applying for permits
shall be composed wholly of citizens possessing the qualifications
above enumerated. Any corporation (except carrier) holding a
permit under this code which shall violate any provisions hereof,
or any rule or regulation promulgated hereunder, shall be subject
to forfeiture of its charter and it shall be the duty of the
attorney general, when any such violation is called to the attorney
general's [his] attention, to file a suit for such cancellation in a
district court of Travis County. Such provisions of this section as
[require Texas citizenship or] require incorporation in Texas shall
not apply to the holders of agent's, industrial, and carrier's
permits. No person shall sell, warehouse, store or solicit orders
for any liquor in any wet area without first having procured a
permit of the class required for such privilege, or consent to the
use of or allow the person's [his] permit to be displayed by or used
by any person other than the one to whom the permit was issued. It
is the intent of the legislature to prevent subterfuge ownership of
or unlawful use of a permit or the premises covered by such permit;
and all provisions of this code shall be liberally construed to
carry out this intent, and it shall be the duty of the commission or
the administrator to provide strict adherence to the general policy
of preventing subterfuge ownership and related practices
hereinafter declared to constitute unlawful trade practices. No
applicant for a package store permit or a renewal thereof shall have
authority to designate as "premise" and the commission or
administrator shall not approve a lesser area than that
specifically defined as "premise" in Section 11.49(a) [of this
code]. Every permittee shall have and maintain exclusive occupancy
and control of the entire licensed premises in every phase of the
storage, distribution, possession, and transportation and sale of
all alcoholic beverages purchased, stored or sold on the licensed
premises. Any device, scheme or plan which surrenders control of
the employees, premises or business of the permittee to persons
other than the permittee shall be unlawful. No minor, unless
accompanied by the minor's [his or her] parent, guardian, adult
husband or adult wife, or other adult person into whose custody the
minor [he or she] has been committed for the time by some court,
shall knowingly be allowed on the premises of the holder of a
package store permit. The prohibition against the presence of a
minor on the premises of the holder of a package store permit does
not apply to the presence on the premises of the holder or a person
lawfully employed by the holder. Any package store permittee who
shall be injured in the permittee's [his] business or property by
another package store permittee by reason of anything prohibited in
this section may institute suit in any district court in the county
wherein the violation is alleged to have occurred to require
enforcement by injunctive procedures and/or to recover threefold
the damages the permittee [by him] sustained; plus costs of suit
including a reasonable attorney's fee. The provisions prohibiting
the licensing of only a portion of a building as premise for a
package store permit shall not apply to hotels as already defined in
this code.
SECTION 28. Section 201.41, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 201.41. FIRST SALE. In this subchapter, "first sale"
means:
(1) the first actual sale of ale or malt liquor by:
(A) the holder of a wholesaler's, general class B
wholesaler's, or local class B wholesaler's permit to:
(i) [(A)] a permittee authorized to sell to
ultimate consumers;
(ii) [(B)] a local distributor permittee;
or
(iii) [(C)] a private club registration
permittee; or
(B) a brewpub licensee to a consumer or a
permittee or licensee authorized to buy ale or malt liquor from the
brewpub; or
(2) the importation of ale or malt liquor under
Section 107.07 [of this code].
SECTION 29. Section 203.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 203.02. "FIRST SALE". In this chapter, "first sale"
means:
(1) the first actual sale of beer:
(A) by the holder of a distributor's license or
by the holder of a manufacturer's license acting under the
authority of Section 62.12 [of this code], to:
(i) [(A)] a permittee or licensee
authorized to sell to ultimate consumers;
(ii) [(B)] a local distributor permittee;
or
(iii) [(C)] a private club registration
permittee; or
(B) by a brewpub licensee to a consumer or a
permittee or licensee authorized to buy beer from the brewpub; or
(2) the importation of beer under Section 107.07 [of
this code].
SECTION 30. The following provisions of the Alcoholic
Beverage Code are repealed:
(1) Section 1.08, as added by Chapter 437 (S.B. 55),
Acts of the 73rd Legislature, Regular Session, 1993;
(2) Section 1.08, as added by Chapter 934 (H.B. 1445),
Acts of the 73rd Legislature, Regular Session, 1993;
(3) Sections 6.03(a) and (k);
(4) Section 31.05;
(5) Section 109.531; and
(6) Section 1.07(b).
SECTION 31. This Act takes effect September 1, 2013.