11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 1.04(1), Alcoholic Beverage Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (1) "Alcoholic beverage" means alcohol, including |
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15 | 15 | | powdered alcohol, or any beverage containing more than one-half of |
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16 | 16 | | one percent of alcohol by volume, which is capable of use for |
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17 | 17 | | beverage purposes, either alone or when diluted or reconstituted. |
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18 | 18 | | SECTION 2. Subchapter C, Chapter 101, Alcoholic Beverage |
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19 | 19 | | Code, is amended by adding Section 101.461 to read as follows: |
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20 | 20 | | Sec. 101.461. PACKAGING OF POWDERED ALCOHOL. |
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21 | 21 | | Notwithstanding any other law, a person may not sell powdered |
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22 | 22 | | alcohol to an ultimate consumer unless the powdered alcohol is |
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23 | 23 | | sealed in single-serving packages containing not more than 14 grams |
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24 | 24 | | of powdered alcohol each. |
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25 | 25 | | SECTION 3. Subchapter A, Chapter 108, Alcoholic Beverage |
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26 | 26 | | Code, is amended by adding Section 108.11 to read as follows: |
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27 | 27 | | Sec. 108.11. ADVERTISING OF POWDERED ALCOHOL. In an |
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28 | 28 | | advertisement for powdered alcohol, a person may not suggest or |
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29 | 29 | | depict the consumption of powdered alcohol without the addition of |
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30 | 30 | | liquid to the powdered alcohol. |
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31 | 31 | | SECTION 4. The heading to Section 201.03, Alcoholic |
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32 | 32 | | Beverage Code, is amended to read as follows: |
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33 | 33 | | Sec. 201.03. TAX ON DISTILLED SPIRITS AND POWDERED ALCOHOL. |
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34 | 34 | | SECTION 5. Section 201.03(a), Alcoholic Beverage Code, is |
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35 | 35 | | amended to read as follows: |
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36 | 36 | | (a) A tax is imposed on the first sale of: |
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37 | 37 | | (1) distilled spirits at the rate of $2.40 per gallon; |
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38 | 38 | | and |
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39 | 39 | | (2) powdered alcohol at the rate of $2.40 per gallon |
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40 | 40 | | based on the amount of liquid suggested to be added by the |
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41 | 41 | | manufacturer's packaging. |
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42 | 42 | | SECTION 6. This Act takes effect September 1, 2017. |
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