Texas 2017 - 85th Regular

Texas House Bill HB133 Compare Versions

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1-85R28046 JAM-D
2- By: Alvarado, Geren, Howard, Ashby, Guillen H.B. No. 133
1+85R17832 JAM-D
2+ By: Alvarado H.B. No. 133
33 Substitute the following for H.B. No. 133:
44 By: Kuempel C.S.H.B. No. 133
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the status, regulation, and taxation of powdered
10- alcohol as an alcoholic beverage; creating a criminal offense.
10+ alcohol as an alcoholic beverage; creating an offense.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 1.04(1), Alcoholic Beverage Code, is
1313 amended to read as follows:
1414 (1) "Alcoholic beverage" means alcohol, including
1515 powdered alcohol, or any beverage containing more than one-half of
1616 one percent of alcohol by volume, which is capable of use for
1717 beverage purposes, either alone or when diluted or reconstituted.
1818 SECTION 2. Subchapter C, Chapter 101, Alcoholic Beverage
1919 Code, is amended by adding Section 101.461 to read as follows:
2020 Sec. 101.461. PACKAGING OF POWDERED ALCOHOL.
2121 Notwithstanding any other law, a person may not sell powdered
2222 alcohol to an ultimate consumer unless the powdered alcohol is
2323 sealed in single-serving packages containing not more than 14 grams
2424 of powdered alcohol each.
2525 SECTION 3. Subchapter A, Chapter 108, Alcoholic Beverage
2626 Code, is amended by adding Section 108.11 to read as follows:
2727 Sec. 108.11. ADVERTISING OF POWDERED ALCOHOL. In an
2828 advertisement for powdered alcohol, a person may not suggest or
2929 depict the consumption of powdered alcohol without the addition of
3030 liquid to the powdered alcohol.
3131 SECTION 4. The heading to Section 201.03, Alcoholic
3232 Beverage Code, is amended to read as follows:
3333 Sec. 201.03. TAX ON DISTILLED SPIRITS AND POWDERED ALCOHOL.
3434 SECTION 5. Section 201.03(a), Alcoholic Beverage Code, is
3535 amended to read as follows:
3636 (a) A tax is imposed on the first sale of:
3737 (1) distilled spirits at the rate of $2.40 per gallon;
3838 and
3939 (2) powdered alcohol at the rate of $2.40 per gallon
4040 based on the amount of liquid suggested to be added by the
4141 manufacturer's packaging.
4242 SECTION 6. This Act takes effect September 1, 2017.