| 1 | 1 | | By: Carona S.B. No. 962 |
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| 2 | 2 | | (In the Senate - Filed February 28, 2013; March 12, 2013, |
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| 3 | 3 | | read first time and referred to Committee on Business and Commerce; |
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| 4 | 4 | | April 15, 2013, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 8, Nays 1; April 15, 2013, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 962 By: Carona |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the approval of certain alcoholic beverages by the |
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| 13 | 13 | | Texas Alcoholic Beverage Commission. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 101.671, Alcoholic Beverage Code, is |
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| 16 | 16 | | amended by amending Subsections (a) and (b) and adding Subsection |
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| 17 | 17 | | (b-1) to read as follows: |
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| 18 | 18 | | (a) Before an authorized permittee may ship distilled |
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| 19 | 19 | | spirits or wine into the state or sell distilled spirits or wine |
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| 20 | 20 | | within the state, the permittee must register the distilled spirits |
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| 21 | 21 | | or wine with the commission. Except for rare or vintage wine that |
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| 22 | 22 | | is acquired at auction and for which no certificate is available, |
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| 23 | 23 | | the [The] registration application must include a certificate of |
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| 24 | 24 | | label approval issued by the United States Alcohol and Tobacco Tax |
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| 25 | 25 | | and Trade Bureau for the product. Rare or vintage wine purchased at |
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| 26 | 26 | | auction and registered by the commission under this subsection must |
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| 27 | 27 | | comply with all other provisions of this code, including provisions |
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| 28 | 28 | | regarding the sale, purchase, importation, and distribution of that |
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| 29 | 29 | | wine. |
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| 30 | 30 | | (b) Except as provided by Subsection (b-1), on [On] |
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| 31 | 31 | | registration of a certificate of label approval issued by the |
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| 32 | 32 | | United States Alcohol and Tobacco Tax and Trade Bureau, the |
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| 33 | 33 | | commission shall approve the product under this section and issue a |
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| 34 | 34 | | letter to that effect to the permittee. The commission may not |
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| 35 | 35 | | require additional approval for the product unless there is a |
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| 36 | 36 | | change to the label or product that requires reissuance of the |
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| 37 | 37 | | federal certificate of label approval. The commission shall accept |
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| 38 | 38 | | the certificate of label approval as constituting full compliance |
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| 39 | 39 | | with any applicable standards adopted under Section 5.38 regarding |
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| 40 | 40 | | quality, purity, and identity of distilled spirits or wine. |
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| 41 | 41 | | (b-1) The commission may refuse to register a product under |
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| 42 | 42 | | this section if the product violates this code. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 44 | 44 | | * * * * * |
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