Texas 2017 - 85th Regular

Texas Senate Bill SB1974 Compare Versions

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

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1	1	By: Whitmire S.B. No. 1974
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain alcoholic beverage auction and raffle permits.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 53, Alcoholic Beverage Code, is amended to read
9	9	as follows:
10	10	Chapter 53. Temporary Charitable Auction and Raffle Permit.
11	11	Sec. 53.001. AUTHORIZED ACTIVITIES. The holder of a temporary
12	12	charitable auction and raffle permit may auction or raffle
13	13	alcoholic beverages for consumption off premises to raise money to
14	14	support charitable works of the permit holder.
15	15	Sec. 53.002. FEE. (a) The state fee for a temporary
16	16	charitable auction and raffle permit is $25.
17	17	(b) A local fee may not be charged for the application for
18	18	the issuance of a temporary charitable auction and raffle permit.
19	19	(c) The commission may not impose a surcharge for a
20	20	temporary charitable auction and raffle permit.
21	21	Sec. 53.003. DURATION OF PERMIT. A temporary charitable
22	22	auction and raffle permit may be issued for a period of not more
23	23	than five days.
24	24	Sec. 53.004. PERMIT. The commission may issue a temporary
25	25	charitable auction and raffle permit only to an organization that
26	26	is exempt from taxation under Section 501(a), Internal Revenue Code
27	27	of 1986 (26 U.S.C. Section 501(a)) by being listed under Section
28	28	501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
29	29	501(c)(3)).
30	30	Sec. 53.005. AUCTION OR RAFFLE LOCATION. (a) The holder of a
31	31	temporary charitable auction and raffle permit may conduct an
32	32	auction or raffle in any area where the sale of the type of
33	33	alcoholic beverage to be auctioned or raffled is authorized by a
34	34	local option election.
35	35	(b) The holder of a temporary charitable auction and raffle
36	36	permit may conduct an auction or raffle at a premises of another
37	37	permit or license holder if:
38	38	(1) the alcoholic beverages to be auctioned or raffled
39	39	are kept separate from the alcoholic beverages sold, stored, or
40	40	served at the premises; and
41	41	(2) the alcoholic beverages subject to the auction or
42	42	raffle, whether or not sold or awarded [unsold] at the auction or
43	43	raffle, are removed from the premises immediately following the
44	44	auction.
45	45	Sec. 53.006. AUCTION OR RAFFLE NOTICE. Before an auction or
46	46	raffle is held, the holder of a temporary charitable auction and
47	47	raffle permit shall provide to the branch office of the commission
48	48	located closest to the auction site written notice of:
49	49	(1) the date, time, and place of the auction or raffle;
50	50	and
51	51	(2) the inventory of the alcoholic beverages to be
52	52	auctioned or raffled.
53	53	Sec. 53.007. DISPOSITION OF PROCEEDS. The proceeds from an
54	54	auction or raffle authorized by this chapter shall be deposited to
55	55	the account of the holder of a temporary charitable auction and
56	56	raffle permit.
57	57	Sec. 53.008. PROHIBITED ACTIVITIES. The holder of a temporary
58	58	charitable auction and raffle permit may not:
59	59	(1) auction or raffle distilled spirits, wine, ale, or
60	60	malt liquor that has not been donated to the organization;
61	61	(2) auction or raffle alcoholic beverages if any taxes
62	62	are owed on the beverages;
63	63	(3) conduct more than one auction or raffle during
64	64	each calendar year; or [and]
65	65	(4) pay a commission or promotional allowance to a
66	66	person to:
67	67	(A) arrange or conduct an auction or raffle under
68	68	this chapter; or
69	69	(B) arrange the donation of alcoholic beverages
70	70	to be auctioned or raffled by the organization.
71	71	Sec. 53.009. RULES. (a) The commission may [shall] adopt
72	72	rules governing the issuance and use of a temporary charitable
73	73	auction or raffle permit.
74	74	(b) The commission shall adopt rules establishing penalties
75	75	for the violation of rules adopted under this chapter. A penalty
76	76	established by the commission under this subsection may not exceed
77	77	a penalty that the commission may impose on the holder of another
78	78	temporary license or permit.
79	79	SECTION 2. Title 3, Alcoholic Beverage Code, is amended by
80	80	adding a new Chapter 56 to read as follows:
81	81	Chapter 56. CAMPAIGN FUNDRAISING AUCTION AND RAFFLE PERMIT
82	82	Sec. 56.001. AUTHORIZED ACTIVITIES. The holder of a
83	83	campaign fundraising auction and raffle permit may auction or
84	84	raffle alcoholic beverages for consumption off premises to raise
85	85	money to support campaign fundraising by the permit holder.
86	86	Sec. 56.002. FEE. The annual state fee for a campaign
87	87	fundraising auction and raffle permit is $500.
88	88	Sec. 56.003. ISSUANCE OF PERMIT. A campaign fundraising
89	89	auction and raffle permit may only be issued to a person or
90	90	organization that is subject to reporting requirements under
91	91	Chapter 251, Election Code or Chapter 254, Election Code.
92	92	Sec. 56.004. AUCTION OR RAFFLE LOCATION. (a) The holder
93	93	of a campaign fundraising auction and raffle permit may conduct an
94	94	auction or raffle in any area where the sale of the type of
95	95	alcoholic beverage to be auctioned or raffled is authorized by a
96	96	local option election.
97	97	(b) The holder of a campaign fundraising auction and raffle
98	98	permit may conduct an auction or raffle at the premises of another
99	99	permit or license holder if:
100	100	(1) the alcoholic beverages to be auctioned or raffled
101	101	are kept separate from the alcoholic beverages sold, stored, or
102	102	served at the premises; and
103	103	(2) the alcoholic beverages subject to the auction or
104	104	raffle, whether or not sold or awarded at the auction or raffle, are
105	105	removed from the premises immediately following the auction or
106	106	raffle.
107	107	Sec. 56.005. AUCTION OR RAFFLE NOTICE. Before an auction or
108	108	raffle is held, the holder of a campaign fundraising auction and
109	109	raffle permit shall provide to the branch office of the commission
110	110	located closest to the auction or raffle site written notice of:
111	111	(1) the date, time, and place of the auction or raffle; and
112	112	(2) the inventory of the alcoholic beverages to be auctioned
113	113	or raffled.
114	114	Sec. 56.006. DISPOSITION OF PROCEEDS. The proceeds from an
115	115	auction or raffle authorized by this chapter shall be deposited to
116	116	the account of the holder of a campaign fundraising auction and
117	117	raffle permit.
118	118	Sec. 56.007. PROHIBITED ACTIVITIES. The holder of a
119	119	campaign fundraising auction and raffle permit may not:
120	120	(1) auction or raffle distilled spirits, wine, ale, or malt
121	121	liquor that has not been donated to the entity;
122	122	(2) auction or raffle alcoholic beverages if any taxes are
123	123	owed on the beverages; or
124	124	(3) pay a commission or promotional allowance to a person
125	125	to:
126	126	(A) arrange or conduct an auction or raffle under this
127	127	chapter; or
128	128	(B) arrange the donation of alcoholic beverages to be
129	129	auctioned or raffled by the organization.
130	130	Sec. 56.008. APPLICATION OF PROVISIONS GENERALLY
131	131	APPLICABLE TO PERMITS. The campaign fundraising auction and raffle
132	132	permit is subject to the provisions generally applicable to permits
133	133	in Chapter 11 of this code.
134	134	Sec. 56.009. RULES. The commission may adopt rules
135	135	necessary to implement this chapter.
136	136	SECTION 3. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2017.