| 1 | 1 | | 85R40 MCK-D |
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| 2 | 2 | | By: Romero, Jr. H.B. No. 908 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sale of certain containers of draft beer, malt |
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| 8 | 8 | | liquor, and ale by certain alcoholic beverage retailers for |
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| 9 | 9 | | off-premises consumption. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 25.01, Alcoholic Beverage Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 25.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine |
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| 14 | 14 | | and beer retailer's permit may sell: |
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| 15 | 15 | | (1) for consumption on or off the premises where sold, |
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| 16 | 16 | | but not for resale, wine, beer, and malt liquors containing alcohol |
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| 17 | 17 | | in excess of one-half of one percent by volume and not more than 17 |
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| 18 | 18 | | percent by volume; and |
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| 19 | 19 | | (2) for consumption on the premises traditional port |
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| 20 | 20 | | or sherry containing alcohol in excess of one-half of one percent by |
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| 21 | 21 | | volume and not more than 24 percent by volume. |
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| 22 | 22 | | (b) The holder of a wine and beer retailer's permit may sell |
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| 23 | 23 | | draft beer, malt liquor, or ale for off-premises consumption if the |
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| 24 | 24 | | permittee places the beer, malt liquor, or ale in a container that |
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| 25 | 25 | | is made of glass, ceramic, metal, or other material approved by the |
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| 26 | 26 | | commission that is securely sealed. |
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| 27 | 27 | | (c) The container described by Subsection (b) may be a |
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| 28 | 28 | | reusable container or a single-use container that may not be |
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| 29 | 29 | | resealed once opened. |
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| 30 | 30 | | SECTION 2. Section 69.01, Alcoholic Beverage Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | Sec. 69.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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| 33 | 33 | | retail dealer's on-premise license may sell beer in or from any |
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| 34 | 34 | | lawful container to the ultimate consumer for consumption on or off |
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| 35 | 35 | | the premises where sold. The licensee may not sell beer for resale. |
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| 36 | 36 | | (b) The holder of a retail dealer's on-premise license may |
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| 37 | 37 | | sell draft beer for off-premises consumption if the licensee places |
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| 38 | 38 | | the beer in a container that is made of glass, ceramic, metal, or |
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| 39 | 39 | | other material approved by the commission that is securely sealed. |
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| 40 | 40 | | (c) The container described by Subsection (b) may be a |
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| 41 | 41 | | reusable container or a single-use container that may not be |
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| 42 | 42 | | resealed once opened. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2017. |
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