85R9385 BEE-F
By: Kuempel H.B. No. 3101
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the sale of alcoholic beverages on certain
passenger buses; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) The following are exempt from the fee authorized in this
section:
(1) agent's, airline beverage, passenger train
beverage, passenger bus beverage, industrial, carrier's, private
carrier's, private club registration, local cartage, storage, and
temporary wine and beer retailer's permits;
(2) a wine and beer retailer's permit issued for a
dining, buffet, or club car; and
(3) a mixed beverage permit during the three-year
period following the issuance of the permit.
SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 48A to read as follows:
CHAPTER 48A. PASSENGER BUS BEVERAGE PERMIT
Sec. 48A.01. AUTHORIZED ACTIVITIES; APPLICABILITY OF
CHAPTER. (a) The holder of a passenger bus beverage permit has the
same rights with respect to the sale of alcoholic beverages on a
passenger bus, described by Subsection (b), as the holder of an
airline beverage permit has with respect to the sale of alcoholic
beverages on a commercial passenger airplane under Section 34.01.
(b) Subsection (a) applies only to a passenger bus that:
(1) is designed, constructed, or used for the
transportation of multiple passengers for compensation; and
(2) while transporting persons for compensation, also
transports an attendant who:
(A) is not the operator of the bus; and
(B) has attended a commission-approved seller
training program.
Sec. 48A.02. FEE. The annual fee for a passenger bus
beverage permit is $500.
Sec. 48A.03. ELIGIBILITY FOR PERMIT. The commission or
administrator may issue a passenger bus beverage permit to any
corporation operating a commercial passenger bus service in or
through the state. Application and payment of the fee shall be made
directly to the commission.
Sec. 48A.04. EXEMPTION FROM TAXES. The preparation and
service of alcoholic beverages by the holder of a passenger bus
beverage permit is exempt from a tax imposed by this code and from
the tax imposed by Chapter 151, Tax Code.
Sec. 48A.05. INAPPLICABLE PROVISION. Section 109.53 does
not apply to a passenger bus beverage permit.
SECTION 3. This Act takes effect September 1, 2017.