| 1 | 1 | | 85R9596 BEE-F |
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| 2 | 2 | | By: Creighton S.B. No. 1301 |
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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 verification of alcohol content for prior approval of |
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| 8 | 8 | | malt beverages. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 101.67(a), (d), and (e), Alcoholic |
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| 11 | 11 | | Beverage Code, are amended to read as follows: |
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| 12 | 12 | | (a) No person may ship or cause to be shipped into the state, |
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| 13 | 13 | | import into the state, manufacture and offer for sale in the state, |
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| 14 | 14 | | or distribute, sell, or store in the state any beer, ale, or malt |
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| 15 | 15 | | liquor unless: |
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| 16 | 16 | | (1) a sample of the beverage or a sample of the same |
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| 17 | 17 | | type and quality of beverage has been first tested to verify the |
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| 18 | 18 | | alcohol content of the beverage by: |
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| 19 | 19 | | (A) [submitted to] an independent [, reputable] |
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| 20 | 20 | | laboratory; |
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| 21 | 21 | | (B) a laboratory certified by the United States |
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| 22 | 22 | | Alcohol and Tobacco Tax and Trade Bureau or its successor agency as |
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| 23 | 23 | | qualified for the analysis of beer for export; or |
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| 24 | 24 | | (C) the commission [for analysis to verify the |
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| 25 | 25 | | alcohol content of the beverage]; and |
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| 26 | 26 | | (2) the label of the beverage has been first submitted |
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| 27 | 27 | | to the commission or its representative and found to comply with all |
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| 28 | 28 | | provisions of this code relating to the labeling of the particular |
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| 29 | 29 | | type of beverage. |
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| 30 | 30 | | (d) If the commission determines that the product tested |
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| 31 | 31 | | [analysis provided by the independent laboratory or the sample,] |
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| 32 | 32 | | and [the] label submitted under [, required by] Subsection (a) |
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| 33 | 33 | | comply with the provisions of this code and the rules of the |
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| 34 | 34 | | commission, the commission shall issue a certificate of approval |
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| 35 | 35 | | upon receipt of a fee in an amount that is sufficient to cover the |
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| 36 | 36 | | cost of administering this section. A copy of the certificate |
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| 37 | 37 | | shall be kept on file in the office of the commission. |
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| 38 | 38 | | (e) The commission may require proof by affidavit or |
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| 39 | 39 | | otherwise that a laboratory performing a test [by rule shall |
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| 40 | 40 | | establish the procedures for accepting analysis of beer, ale, or |
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| 41 | 41 | | malt liquor by an independent laboratory] under Subsection |
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| 42 | 42 | | (a)(1)(A) is independent [(a)(1)]. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2017. |
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