Texas 2017 - 85th Regular

Texas House Bill HB4042 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4042
	1	+	By: Paddie (Senate Sponsor - Whitmire) H.B. No. 4042
	2	+	(In the Senate - Received from the House May 1, 2017;
	3	+	May 4, 2017, read first time and referred to Committee on Business &
	4	+	Commerce; May 22, 2017, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 22, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4042 By: Campbell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the sale by certain alcoholic beverage permit holders
6	14		of alcoholic beverages at auction.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 53, Alcoholic Beverage Code, is amended
9	17		to read as follows:
10	18		CHAPTER 53. TEMPORARY [CHARITABLE] AUCTION PERMIT
11	19		Sec. 53.001. AUTHORIZED ACTIVITIES. The holder of a
12	20		temporary [charitable] auction permit may auction alcoholic
13	21		beverages for consumption off premises to raise money to support
14	22		the stated purpose [charitable works] of the permit holder.
15	23		Sec. 53.002. FEE. (a) The state fee for a temporary
16	24		[charitable] auction permit is $25.
17	25		(b) A local fee may not be charged for the application for or
18	26		issuance of a temporary [charitable] auction permit.
19	27		(c) The commission may not impose a surcharge for a
20	28		temporary auction permit.
21	29		Sec. 53.003. DURATION OF PERMIT. A temporary [charitable]
22	30		auction permit may be issued for a period of not more than five
23	31		days.
24	32		Sec. 53.004. PERMIT. The commission may issue a temporary
25	33		[charitable] auction permit only to:
26	34		(1) an organization that is exempt from taxation under
27	35		Section 501(a), Internal Revenue Code of 1986 (26 U.S.C. Section
28	36		501(a)) by being listed under Section 501(c)(3), Internal Revenue
29	37		Code of 1986 (26 U.S.C. Section 501(c)(3)); or
30	38		(2) a person or group of persons who are subject to
31	39		recordkeeping requirements under Chapter 254, Election Code.
32	40		Sec. 53.005. AUCTION LOCATION. (a) The holder of a
33	41		temporary [charitable] auction permit may conduct an auction in any
34	42		area where the sale of the type of alcoholic beverage to be
35	43		auctioned is authorized by a local option election.
36	44		(b) The holder of a temporary [charitable] auction permit
37	45		may conduct an auction at a premises of another permit or license
38	46		holder if:
39	47		(1) the alcoholic beverages to be auctioned are kept
40	48		separate from the alcoholic beverages sold, stored, or served at
41	49		the premises; and
42	50		(2) the alcoholic beverages subject to the auction,
43	51		whether sold or unsold, are removed from the premises immediately
44	52		following the auction.
45	53		Sec. 53.006. AUCTION NOTICE. Before an auction is held, the
46	54		holder of a temporary [charitable] auction permit shall provide to
47	55		the branch office of the commission located closest to the auction
48	56		site written notice of:
49	57		(1) the date, time, and place of the auction; and
50	58		(2) the inventory of the alcoholic beverages to be
51	59		auctioned.
52	60		Sec. 53.007. DISPOSITION OF PROCEEDS. The proceeds from an
53	61		auction authorized by this chapter shall be deposited to the
54	62		account of the holder of a temporary [charitable] auction permit.
55	63		Sec. 53.008. PROHIBITED ACTIVITIES. The holder of a
56	64		temporary [charitable] auction permit may not:
57	65		(1) auction distilled spirits, wine, ale, or malt
58	66		liquor that has not been donated to the organization;
59	67		(2) auction alcoholic beverages if any taxes are owed
60	68		on the beverages; and
61	69		(3) [conduct more than one auction during each
62	70		calendar year; and
63	71		[(4)] pay a commission or promotional allowance to a
64	72		person to:
65	73		(A) arrange or conduct an auction under this
66	74		chapter; or
67	75		(B) arrange the donation of alcoholic beverages
68	76		to be auctioned by the organization.
69	77		Sec. 53.009. RULES. (a) The commission shall adopt rules
70		-	governing the issuance and use of a temporary [charitable] auction
71		-	permit.
	78	+	to ensure the applicant qualifies under this chapter for
	79	+	[governing] the issuance and use of a temporary [charitable]
	80	+	auction permit.
72	81		(b) The commission shall adopt rules establishing penalties
73	82		for the violation of rules adopted under this chapter. A penalty
74	83		established by the commission under this subsection may not exceed
75	84		a penalty that the commission may impose on the holder of another
76	85		temporary license or permit.
77	86		SECTION 2. Section 151.461(5), Tax Code, is amended to read
78	87		as follows:
79	88		(5) "Retailer" means a person required to hold:
80	89		(A) a wine and beer retailer's permit under
81	90		Chapter 25, Alcoholic Beverage Code;
82	91		(B) a wine and beer retailer's off-premise permit
83	92		under Chapter 26, Alcoholic Beverage Code;
84	93		(C) a temporary wine and beer retailer's permit
85	94		or special three-day wine and beer permit under Chapter 27,
86	95		Alcoholic Beverage Code;
87	96		(D) a mixed beverage permit under Chapter 28,
88	97		Alcoholic Beverage Code;
89	98		(E) a daily temporary mixed beverage permit under
90	99		Chapter 30, Alcoholic Beverage Code;
91	100		(F) a private club registration permit under
92	101		Chapter 32, Alcoholic Beverage Code;
93	102		(G) a certificate issued to a fraternal or
94	103		veterans organization under Section 32.11, Alcoholic Beverage
95	104		Code;
96	105		(H) a daily temporary private club permit under
97	106		Subchapter B, Chapter 33, Alcoholic Beverage Code;
98	107		(I) a temporary [charitable] auction permit
99	108		under Chapter 53, Alcoholic Beverage Code;
100	109		(J) a retail dealer's on-premise license under
101	110		Chapter 69, Alcoholic Beverage Code;
102	111		(K) a temporary license under Chapter 72,
103	112		Alcoholic Beverage Code; or
104	113		(L) a retail dealer's off-premise license under
105	114		Chapter 71, Alcoholic Beverage Code, except for a dealer who also
106	115		holds a package store permit under Chapter 22, Alcoholic Beverage
107	116		Code.
108	117		SECTION 3. This Act takes effect September 1, 2017.
109		-	______________________________ ______________________________
110		-	President of the Senate Speaker of the House
111		-	I certify that H.B. No. 4042 was passed by the House on April
112		-	27, 2017, by the following vote: Yeas 144, Nays 0, 3 present, not
113		-	voting; and that the House concurred in Senate amendments to H.B.
114		-	No. 4042 on May 25, 2017, by the following vote: Yeas 145, Nays 0,
115		-	2 present, not voting.
116		-	______________________________
117		-	Chief Clerk of the House
118		-	I certify that H.B. No. 4042 was passed by the Senate, with
119		-	amendments, on May 23, 2017, by the following vote: Yeas 30, Nays
120		-	1.
121		-	______________________________
122		-	Secretary of the Senate
123		-	APPROVED: __________________
124		-	Date
125		-	__________________
126		-	Governor
	118	+	* * * * *