Texas 2017 - 85th Regular

Texas House Bill HB2299 Compare Versions

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1-By: Thompson of Harris (Senate Sponsor - Creighton) H.B. No. 2299
2- (In the Senate - Received from the House April 18, 2017;
3- April 19, 2017, read first time and referred to Committee on
4- Business & Commerce; May 9, 2017, reported favorably by the
5- following vote: Yeas 5, Nays 0; May 9, 2017, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 2299
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to verification of alcohol content for prior approval of
126 malt beverages.
137 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
148 SECTION 1. Sections 101.67(a), (d), and (e), Alcoholic
159 Beverage Code, are amended to read as follows:
1610 (a) No person may ship or cause to be shipped into the state,
1711 import into the state, manufacture and offer for sale in the state,
1812 or distribute, sell, or store in the state any beer, ale, or malt
1913 liquor unless:
2014 (1) a sample of the beverage or a sample of the same
2115 type and quality of beverage has been first tested to verify the
2216 alcohol content of the beverage by:
2317 (A) [submitted to] an independent [, reputable]
2418 laboratory;
2519 (B) a laboratory certified by the United States
2620 Alcohol and Tobacco Tax and Trade Bureau or its successor agency as
2721 qualified for the analysis of beer for export; or
2822 (C) the commission [for analysis to verify the
2923 alcohol content of the beverage]; and
3024 (2) the label of the beverage has been first submitted
3125 to the commission or its representative and found to comply with all
3226 provisions of this code relating to the labeling of the particular
3327 type of beverage.
3428 (d) If the commission determines that the product tested
3529 [analysis provided by the independent laboratory or the sample,]
3630 and [the] label submitted under [, required by] Subsection (a)
3731 comply with the provisions of this code and the rules of the
3832 commission, the commission shall issue a certificate of approval
3933 upon receipt of a fee in an amount that is sufficient to cover the
4034 cost of administering this section. A copy of the certificate
4135 shall be kept on file in the office of the commission.
4236 (e) The commission may require proof by affidavit or
4337 otherwise that a laboratory performing a test [by rule shall
4438 establish the procedures for accepting analysis of beer, ale, or
4539 malt liquor by an independent laboratory] under Subsection
4640 (a)(1)(A) is independent [(a)(1)].
4741 SECTION 2. This Act takes effect September 1, 2017.
48- * * * * *
42+ ______________________________ ______________________________
43+ President of the Senate Speaker of the House
44+ I certify that H.B. No. 2299 was passed by the House on April
45+ 13, 2017, by the following vote: Yeas 138, Nays 0, 3 present, not
46+ voting.
47+ ______________________________
48+ Chief Clerk of the House
49+ I certify that H.B. No. 2299 was passed by the Senate on May
50+ 12, 2017, by the following vote: Yeas 30, Nays 1.
51+ ______________________________
52+ Secretary of the Senate
53+ APPROVED: _____________________
54+ Date
55+ _____________________
56+ Governor