By: Thompson of Harris (Senate Sponsor - Creighton) H.B. No. 2299
(In the Senate - Received from the House April 18, 2017;
April 19, 2017, read first time and referred to Committee on
Business & Commerce; May 9, 2017, reported favorably by the
following vote: Yeas 5, Nays 0; May 9, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to verification of alcohol content for prior approval of
malt beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 101.67(a), (d), and (e), Alcoholic
Beverage Code, are amended to read as follows:
(a) No person may ship or cause to be shipped into the state,
import into the state, manufacture and offer for sale in the state,
or distribute, sell, or store in the state any beer, ale, or malt
liquor unless:
(1) a sample of the beverage or a sample of the same
type and quality of beverage has been first tested to verify the
alcohol content of the beverage by:
(A) [submitted to] an independent [, reputable]
laboratory;
(B) a laboratory certified by the United States
Alcohol and Tobacco Tax and Trade Bureau or its successor agency as
qualified for the analysis of beer for export; or
(C) the commission [for analysis to verify the
alcohol content of the beverage]; and
(2) the label of the beverage has been first submitted
to the commission or its representative and found to comply with all
provisions of this code relating to the labeling of the particular
type of beverage.
(d) If the commission determines that the product tested
[analysis provided by the independent laboratory or the sample,]
and [the] label submitted under [, required by] Subsection (a)
comply with the provisions of this code and the rules of the
commission, the commission shall issue a certificate of approval
upon receipt of a fee in an amount that is sufficient to cover the
cost of administering this section. A copy of the certificate
shall be kept on file in the office of the commission.
(e) The commission may require proof by affidavit or
otherwise that a laboratory performing a test [by rule shall
establish the procedures for accepting analysis of beer, ale, or
malt liquor by an independent laboratory] under Subsection
(a)(1)(A) is independent [(a)(1)].
SECTION 2. This Act takes effect September 1, 2017.
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