1 | | - | By: Thompson of Harris (Senate Sponsor - Creighton) H.B. No. 2299 |
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2 | | - | (In the Senate - Received from the House April 18, 2017; |
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3 | | - | April 19, 2017, read first time and referred to Committee on |
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4 | | - | Business & Commerce; May 9, 2017, reported favorably by the |
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5 | | - | following vote: Yeas 5, Nays 0; May 9, 2017, sent to printer.) |
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6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2299 |
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10 | 4 | | AN ACT |
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11 | 5 | | relating to verification of alcohol content for prior approval of |
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12 | 6 | | malt beverages. |
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13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 8 | | SECTION 1. Sections 101.67(a), (d), and (e), Alcoholic |
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15 | 9 | | Beverage Code, are amended to read as follows: |
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16 | 10 | | (a) No person may ship or cause to be shipped into the state, |
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17 | 11 | | import into the state, manufacture and offer for sale in the state, |
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18 | 12 | | or distribute, sell, or store in the state any beer, ale, or malt |
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19 | 13 | | liquor unless: |
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20 | 14 | | (1) a sample of the beverage or a sample of the same |
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21 | 15 | | type and quality of beverage has been first tested to verify the |
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22 | 16 | | alcohol content of the beverage by: |
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23 | 17 | | (A) [submitted to] an independent [, reputable] |
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24 | 18 | | laboratory; |
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25 | 19 | | (B) a laboratory certified by the United States |
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26 | 20 | | Alcohol and Tobacco Tax and Trade Bureau or its successor agency as |
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27 | 21 | | qualified for the analysis of beer for export; or |
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28 | 22 | | (C) the commission [for analysis to verify the |
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29 | 23 | | alcohol content of the beverage]; and |
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30 | 24 | | (2) the label of the beverage has been first submitted |
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31 | 25 | | to the commission or its representative and found to comply with all |
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32 | 26 | | provisions of this code relating to the labeling of the particular |
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33 | 27 | | type of beverage. |
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34 | 28 | | (d) If the commission determines that the product tested |
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35 | 29 | | [analysis provided by the independent laboratory or the sample,] |
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36 | 30 | | and [the] label submitted under [, required by] Subsection (a) |
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37 | 31 | | comply with the provisions of this code and the rules of the |
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38 | 32 | | commission, the commission shall issue a certificate of approval |
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39 | 33 | | upon receipt of a fee in an amount that is sufficient to cover the |
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40 | 34 | | cost of administering this section. A copy of the certificate |
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41 | 35 | | shall be kept on file in the office of the commission. |
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42 | 36 | | (e) The commission may require proof by affidavit or |
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43 | 37 | | otherwise that a laboratory performing a test [by rule shall |
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44 | 38 | | establish the procedures for accepting analysis of beer, ale, or |
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45 | 39 | | malt liquor by an independent laboratory] under Subsection |
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46 | 40 | | (a)(1)(A) is independent [(a)(1)]. |
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47 | 41 | | SECTION 2. This Act takes effect September 1, 2017. |
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48 | | - | * * * * * |
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| 42 | + | ______________________________ ______________________________ |
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| 43 | + | President of the Senate Speaker of the House |
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| 44 | + | I certify that H.B. No. 2299 was passed by the House on April |
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| 45 | + | 13, 2017, by the following vote: Yeas 138, Nays 0, 3 present, not |
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| 46 | + | voting. |
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| 47 | + | ______________________________ |
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| 48 | + | Chief Clerk of the House |
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| 49 | + | I certify that H.B. No. 2299 was passed by the Senate on May |
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| 50 | + | 12, 2017, by the following vote: Yeas 30, Nays 1. |
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| 51 | + | ______________________________ |
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| 52 | + | Secretary of the Senate |
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| 53 | + | APPROVED: _____________________ |
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| 54 | + | Date |
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| 55 | + | _____________________ |
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| 56 | + | Governor |
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