Texas 2017 - 85th Regular

Texas Senate Bill SB1639 Compare Versions

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1+85R14308 MCK-F
12 By: Watson S.B. No. 1639
2- (In the Senate - Filed March 9, 2017; March 22, 2017, read
3- first time and referred to Committee on Business & Commerce;
4- April 24, 2017, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 9, Nays 0; April 24, 2017,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1639 By: Creighton
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
137 relating to allowing certain wholesalers and distributors to
148 purchase beer, ale, and malt liquor from the holder of a brewpub
159 license.
1610 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1711 SECTION 1. Section 19.01, Alcoholic Beverage Code, is
1812 amended to read as follows:
1913 Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a
2014 wholesaler's permit may:
2115 (1) purchase and import liquor from distillers,
2216 brewers, wineries, wine bottlers, rectifiers, and manufacturers
2317 who are holders of nonresident seller's permits or from their
2418 agents who hold manufacturer's agents permits;
2519 (2) purchase ale and malt liquor from holders of
2620 brewpub licenses;
2721 (3) purchase liquor from other wholesalers in the
2822 state;
2923 (4) [(3)] sell liquor in the original containers in
3024 which it is received to retailers and wholesalers in this state
3125 authorized to sell the liquor;
3226 (5) [(4)] sell liquor to qualified persons outside the
3327 state; and
3428 (6) [(5)] sell ale and malt liquor to a holder of a
3529 private club registration permit.
3630 SECTION 2. Section 21.01, Alcoholic Beverage Code, is
3731 amended to read as follows:
3832 Sec. 21.01. AUTHORIZED ACTIVITIES. The holder of a local
3933 class B wholesaler's permit may:
4034 (1) purchase and import malt and vinous liquors from
4135 brewers, wineries, rectifiers, and wine manufacturers and bottlers
4236 who are holders of nonresident seller's permits and from their
4337 agents who are holders of manufacturer's agent permits;
4438 (2) purchase malt and vinous liquors from holders of
4539 brewer's permits, holders of brewpub licenses, and [from] other
4640 wholesalers in the state;
4741 (3) sell the malt and vinous liquors, in the original
4842 containers in which the permit holder [he] receives them, to
4943 general and local class B wholesaler's permittees and, in the
5044 permit holder's [his] county of residence, to local distributor's
5145 permittees and retailers, including mixed beverage permittees and
5246 daily temporary mixed beverage permittees; and
5347 (4) sell ale and malt liquor to a holder of a private
5448 club registration permit.
5549 SECTION 3. Section 65.01(a), Alcoholic Beverage Code, is
5650 amended to read as follows:
5751 (a) The holder of a local distributor's license may:
5852 (1) receive beer in unbroken original packages from
5953 manufacturers and brewpubs and from general, branch, or local
6054 distributors;
6155 (2) sell and distribute beer in the unbroken original
6256 packages in which it is received:
6357 (A) to the following, if located in the county of
64- the licensee's residence: local distributor permittees,
65- permittees or licensees authorized to sell to ultimate consumers,
66- private club registration permittees, authorized outlets located
67- on any installation of the national military establishment, or
68- qualified persons for shipment and consumption outside the state;
69- or
58+ the licensee's residence: local distributor permittees, permittees
59+ or licensees authorized to sell to ultimate consumers, private club
60+ registration permittees, authorized outlets located on any
61+ installation of the national military establishment, or qualified
62+ persons for shipment and consumption outside the state; or
7063 (B) to other licensed distributors in the state;
7164 and
7265 (3) serve free beer for consumption on the licensed
7366 premises.
74- SECTION 4. Section 74.10(a), Alcoholic Beverage Code, is
75- amended to read as follows:
76- (a) In addition to the activities authorized by Section
77- 74.01, the holder of a brewpub license may sell ale and malt liquor
78- to the holder of a wholesaler's permit, a general class B
79- wholesaler's permit, or a local class B wholesaler's permit.
80- SECTION 5. This Act takes effect immediately if it receives
67+ SECTION 4. This Act takes effect immediately if it receives
8168 a vote of two-thirds of all the members elected to each house, as
8269 provided by Section 39, Article III, Texas Constitution. If this
8370 Act does not receive the vote necessary for immediate effect, this
8471 Act takes effect September 1, 2017.
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