Texas 2017 - 85th Regular

Texas House Bill HB4242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Kacal H.B. No. 4242
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authorization of certain carriers to transport
7	7	liquor; authorizing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 41, Alcoholic Beverage Code, is amended
10	10	to read as follows:
11	11	Chapter 41. CARRIER PERMIT/PACKAGE STORE CARRIER PERMIT
12	12	Sec. 41.01. AUTHORIZED ACTIVITIES OF A CARRIER PERMIT. (a)
13	13	The holder of a carrier permit may only transport liquor into and
14	14	out of this state and between points within the state.
15	15	(b) The holder of a carrier permit may transport liquor from
16	16	one wet area to another wet area across a dry area if that course of
17	17	transportation is necessary or convenient.
18	18	(c) The holder of a carrier permit who transports liquor to
19	19	the premises of a wholesaler, including to a location from which the
20	20	wholesaler is temporarily conducting business under Section
21	21	109.62, shall provide to the consignee a shipping invoice that
22	22	clearly states:
23	23	(1) the name and address of the consignor and
24	24	consignee;
25	25	(2) the origin and destination of the shipment; and
26	26	(3) any other information required by this code or
27	27	commission rule, including the brands, sizes of containers, types,
28	28	and quantities of liquor contained in the shipment.
29	29	Sec. 41.02. FEE. The annual state fee for a carrier permit
30	30	or package store carrier permit is $30.
31	31	Sec. 41.03. ELIGIBILITY FOR A CARRIER PERMIT/PACKAGE STORE
32	32	CARRIER PERMIT. (a) A carrier permit may be issued to:
33	33	(1) a water carrier;
34	34	(2) an airline;
35	35	(3) a railway;
36	36	(4) a motor carrier registered under Chapter 643,
37	37	Transportation Code; [or]
38	38	(5) a [common carrier operating under a certificate
39	39	issued by the Interstate Commerce Commission.] motor carrier with
40	40	operating authority or MC registration granted by the Federal Motor
41	41	Carrier Safety Administration; or
42	42	(6) a transport company operating vehicles with a
43	43	gross curb weight of 8,500 pounds or more.
44	44	(b) a package store carrier permit may be issued to a
45	45	transport company operating vehicles with a gross curb weight of
46	46	8,500 pounds or less.
47	47	Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier
48	48	permit or package store carrier permit shall furnish all
49	49	information required by the commission concerning the provisions
50	50	of
51	51	this section [transportation of liquor].
52	52	Sec. 41.05. TRANSPORTATION OF WINE OUT OF STATE. At the
53	53	request of a holder of a winery permit, a common carrier that does
54	54	not hold a carrier permit may transport wine from the premises of
55	55	the holder of the winery permit or from another location where the
56	56	holder of a winery permit may legally store wine to a destination
57	57	out of this state, if the common carrier may otherwise legally
58	58	transport wine and the holder of the winery permit furnishes to the
59	59	commission any documentation required by the commission concerning
60	60	the transportation and the receipt of the wine at the destination
61	61	out of this state.
62	62	Sec. 41.06. PACKAGE STORE CARRIER PERMIT. (a) The holder
63	63	of a package store carrier permit is considered a "retailer" for
64	64	purposes of Section 102.01 of this code.
65	65	(b) A package store carrier permittee may not knowingly
66	66	utilize or employ any person under the age of 21 to make deliveries
67	67	of alcohol.
68	68	(c) The holder of a package store carrier permit who
69	69	provides transportation and delivery services to more than one
70	70	holder of a permit under Chapter 22 or Chapter 24 of this code must
71	71	also provide similar transportation and delivery services to
72	72	businesses that do not have permits under Chapter 22 or Chapter 24.
73	73	Sec. 41.07. AUTHORIZED ACTIVITIES OF A PACKAGE STORE
74	74	CARRIER PERMIT. The holder of a package store carrier permit may
75	75	transport and deliver liquor to the ultimate consumer on behalf of a
76	76	package store or wine only package store that holds a local cartage
77	77	permit under the same terms and conditions in Section 22.03 of this
78	78	code that are applicable to transport or delivery by the holder of
79	79	the package store permit or wine only package store permit.
80	80	Sec. 41.08. VEHICLES USED BY PACKAGE STORE CARRIER
81	81	PERMITTEE. (a) No package store carrier permittee may transport
82	82	liquor unless each vehicle has been plainly marked or lettered to
83	83	indicate that it is being used for the transportation of liquor by a
84	84	the package store carrier permittee.
85	85	(b) The transportation of liquor by a package store carrier
86	86	permittee in a vehicle not described and marked in accordance with
87	87	this section is a violation of this code and is grounds for
88	88	cancellation of the permit.
89	89	Sec. 41.09. IDENTIFICATION REQUIREMENTS. (a) Alcohol
90	90	transported and delivered by a holder of a package store carrier
91	91	permit may not be delivered to any person other than:
92	92	(1) the person who purchased the alcohol;
93	93	(2) a recipient designated in advance by such
94	94	purchaser; or
95	95	(3) a person at the delivery address who is age 21 or
96	96	over.
97	97	(b) Alcohol may be delivered only to a person who is age 21
98	98	or over after the person accepting the package:
99	99	(1) presents valid proof of identity and age; and
100	100	(2) personally signs a receipt acknowledging delivery
101	101	of the package.
102	102	SECTION 2. This Act takes effect September 1, 2017.