| 1 | 1 | | 85R229 JAM-D |
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| 2 | 2 | | By: White H.B. No. 109 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the permit required to transport alcoholic beverages |
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| 8 | 8 | | between certain permitted premises; authorizing a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d) The following are exempt from the fee authorized in this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) agent's, airline beverage, passenger train |
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| 15 | 15 | | beverage, industrial, carrier's, private carrier's, private club |
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| 16 | 16 | | registration, local cartage, cartage, storage, and temporary wine |
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| 17 | 17 | | and beer retailer's permits; |
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| 18 | 18 | | (2) a wine and beer retailer's permit issued for a |
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| 19 | 19 | | dining, buffet, or club car; and |
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| 20 | 20 | | (3) a mixed beverage permit during the three-year |
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| 21 | 21 | | period following the issuance of the permit. |
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| 22 | 22 | | SECTION 2. Section 22.08, Alcoholic Beverage Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | Sec. 22.08. TRANSFER OF BEVERAGES. (a) The owner of more |
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| 25 | 25 | | than one package store who is also the holder of a local cartage |
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| 26 | 26 | | permit may transfer alcoholic beverages between any of the owner's |
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| 27 | 27 | | permitted [his licensed] premises in the same county between the |
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| 28 | 28 | | hours of 7 a.m. and 9 p.m. on any day when the sale of those |
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| 29 | 29 | | beverages is legal, subject to rules prescribed by the commission. |
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| 30 | 30 | | (b) The owner of more than one package store who is also the |
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| 31 | 31 | | holder of a cartage permit may transfer alcoholic beverages between |
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| 32 | 32 | | any of the owner's permitted premises between the hours of 7 a.m. |
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| 33 | 33 | | and 9 p.m. on any day when the sale of those beverages is legal, |
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| 34 | 34 | | subject to rules prescribed by the commission. |
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| 35 | 35 | | SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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| 36 | 36 | | amended by adding Chapter 43A to read as follows: |
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| 37 | 37 | | CHAPTER 43A. CARTAGE PERMIT |
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| 38 | 38 | | Sec. 43A.01. AUTHORIZED ACTIVITIES. A package store |
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| 39 | 39 | | permittee who also holds a cartage permit may transfer alcoholic |
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| 40 | 40 | | beverages in accordance with Section 22.08. |
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| 41 | 41 | | Sec. 43A.02. FEE. The annual state fee for a cartage permit |
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| 42 | 42 | | is $30. |
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| 43 | 43 | | Sec. 43A.03. ELIGIBILITY FOR PERMIT. The commission may |
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| 44 | 44 | | issue a cartage permit to a holder of a package store permit. |
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| 45 | 45 | | Sec. 43A.04. VEHICLES USED BY PERMITTEE. (a) No cartage |
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| 46 | 46 | | permittee may transport liquor unless: |
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| 47 | 47 | | (1) a description of each vehicle used in the |
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| 48 | 48 | | transportation, as required by the commission, has been submitted |
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| 49 | 49 | | to the commission; and |
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| 50 | 50 | | (2) each vehicle has been plainly marked or lettered |
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| 51 | 51 | | to indicate that it is being used for the transportation of liquor |
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| 52 | 52 | | by a cartage permittee. |
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| 53 | 53 | | (b) The transportation of liquor by a permittee in a vehicle |
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| 54 | 54 | | not described and marked in accordance with this section is a |
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| 55 | 55 | | violation of this code and is a ground for the cancellation of the |
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| 56 | 56 | | permit. |
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| 57 | 57 | | Sec. 43A.05. CERTAIN TRANSPORTATION PROHIBITED. No holder |
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| 58 | 58 | | of a cartage permit may for hire transport liquor in this state. |
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| 59 | 59 | | Sec. 43A.06. VIOLATION OF CODE, RULE. If a holder of a |
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| 60 | 60 | | cartage permit who also holds a package store permit violates any |
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| 61 | 61 | | provision of this code or any rule or regulation of the commission, |
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| 62 | 62 | | the violation is a ground for the suspension or cancellation of any |
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| 63 | 63 | | or all permits or licenses held by that person for the premises |
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| 64 | 64 | | where the offense was committed. |
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| 65 | 65 | | SECTION 4. Section 204.01(b), Alcoholic Beverage Code, is |
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| 66 | 66 | | amended to read as follows: |
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| 67 | 67 | | (b) No bond is required of a holder of a mixed beverage, |
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| 68 | 68 | | private club registration, carriers, local cartage, cartage, wine |
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| 69 | 69 | | and beer retailers, nonresident seller's, manufacturer's agent's, |
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| 70 | 70 | | or agent's permit. |
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| 71 | 71 | | SECTION 5. The change in law made by this Act applies only |
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| 72 | 72 | | to the transport of an alcoholic beverage on or after the effective |
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| 73 | 73 | | date of this Act. The transport of an alcoholic beverage before the |
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| 74 | 74 | | effective date of this Act is governed by the law as it existed |
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| 75 | 75 | | immediately before that date, and that law is continued in effect |
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| 76 | 76 | | for that purpose. |
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| 77 | 77 | | SECTION 6. This Act takes effect September 1, 2017. |
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