85R229 JAM-D
By: White H.B. No. 109
A BILL TO BE ENTITLED
AN ACT
relating to the permit required to transport alcoholic beverages
between certain permitted premises; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) The following are exempt from the fee authorized in this
section:
(1) agent's, airline beverage, passenger train
beverage, industrial, carrier's, private carrier's, private club
registration, local cartage, cartage, storage, and temporary wine
and beer retailer's permits;
(2) a wine and beer retailer's permit issued for a
dining, buffet, or club car; and
(3) a mixed beverage permit during the three-year
period following the issuance of the permit.
SECTION 2. Section 22.08, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 22.08. TRANSFER OF BEVERAGES. (a) The owner of more
than one package store who is also the holder of a local cartage
permit may transfer alcoholic beverages between any of the owner's
permitted [his licensed] premises in the same county between the
hours of 7 a.m. and 9 p.m. on any day when the sale of those
beverages is legal, subject to rules prescribed by the commission.
(b) The owner of more than one package store who is also the
holder of a cartage permit may transfer alcoholic beverages between
any of the owner's permitted premises between the hours of 7 a.m.
and 9 p.m. on any day when the sale of those beverages is legal,
subject to rules prescribed by the commission.
SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 43A to read as follows:
CHAPTER 43A. CARTAGE PERMIT
Sec. 43A.01. AUTHORIZED ACTIVITIES. A package store
permittee who also holds a cartage permit may transfer alcoholic
beverages in accordance with Section 22.08.
Sec. 43A.02. FEE. The annual state fee for a cartage permit
is $30.
Sec. 43A.03. ELIGIBILITY FOR PERMIT. The commission may
issue a cartage permit to a holder of a package store permit.
Sec. 43A.04. VEHICLES USED BY PERMITTEE. (a) No cartage
permittee may transport liquor unless:
(1) a description of each vehicle used in the
transportation, as required by the commission, has been submitted
to the commission; and
(2) each vehicle has been plainly marked or lettered
to indicate that it is being used for the transportation of liquor
by a cartage permittee.
(b) The transportation of liquor by a permittee in a vehicle
not described and marked in accordance with this section is a
violation of this code and is a ground for the cancellation of the
permit.
Sec. 43A.05. CERTAIN TRANSPORTATION PROHIBITED. No holder
of a cartage permit may for hire transport liquor in this state.
Sec. 43A.06. VIOLATION OF CODE, RULE. If a holder of a
cartage permit who also holds a package store permit violates any
provision of this code or any rule or regulation of the commission,
the violation is a ground for the suspension or cancellation of any
or all permits or licenses held by that person for the premises
where the offense was committed.
SECTION 4. Section 204.01(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) No bond is required of a holder of a mixed beverage,
private club registration, carriers, local cartage, cartage, wine
and beer retailers, nonresident seller's, manufacturer's agent's,
or agent's permit.
SECTION 5. The change in law made by this Act applies only
to the transport of an alcoholic beverage on or after the effective
date of this Act. The transport of an alcoholic beverage before the
effective date of this Act is governed by the law as it existed
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2017.