By: Kuempel (Senate Sponsor - Birdwell) H.B. No. 3101
(In the Senate - Received from the House May 1, 2017;
May 3, 2017, read first time and referred to Committee on Business &
Commerce; May 11, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 11, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3101 By: Campbell
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. The holder of a passenger bus beverage permit:
(1) has the same rights with respect to the sale of
alcoholic beverages on a passenger bus, as described by Section
48A.03(a), 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; and
(2) may store alcoholic beverages at the permitted
location.
Sec. 48A.02. FEE. The annual fee for a passenger bus
beverage permit is $500.
Sec. 48A.03. ELIGIBILITY FOR PERMIT; APPLICATION AND
PAYMENT OF FEE. (a) 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 using a
passenger bus that:
(1) is designed and used for the regularly scheduled
intercity transportation of passengers for compensation;
(2) is characterized by integral construction with:
(A) an elevated passenger deck over a baggage
compartment;
(B) a passenger seating capacity of at least 16
and not more than 36; and
(C) a separate galley area;
(3) is at least 35 feet in length; and
(4) while transporting passengers 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.
(b) 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. SALE OF LIQUOR TO PERMITTEE. Only a holder of
a wholesale permit may sell liquor to a holder of a passenger bus
beverage permit. A sale of liquor to a holder of a passenger bus
beverage permit shall be considered as a sale at retail to a
consumer.
Sec. 48A.06. INAPPLICABLE PROVISION. Section 109.53 does
not apply to a passenger bus beverage permit.
SECTION 3. Section 101.46(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) Subsection (a) of this section does not apply to
permittees or licensees while engaged in supplying airline
beverage, [or] mixed beverage, or passenger bus beverage
permittees, nor to the possession or sale of liquor by an airline
beverage, [or] mixed beverage, or passenger bus beverage permittee,
but none of the permittees or licensees covered by this subsection
may possess liquor in a container with a capacity of less than one
fluid ounce.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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