| 1 | 1 | | 86R9291 JAM-F |
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| 2 | 2 | | By: Harless H.B. No. 3271 |
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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 removal of certain alcoholic beverages that become |
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| 8 | 8 | | unfit for consumption after a natural disaster. |
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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. The heading to Subchapter A, Chapter 109, |
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| 11 | 11 | | Alcoholic Beverage Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER A. SALVAGED AND INSURED LOSSES; UNINSURED LOSSES |
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| 13 | 13 | | SECTION 2. Subchapter A, Chapter 109, Alcoholic Beverage |
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| 14 | 14 | | Code, is amended by adding Section 109.09 to read as follows: |
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| 15 | 15 | | Sec. 109.09. REMOVAL OF UNINSURED BEVERAGES UNFIT FOR |
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| 16 | 16 | | CONSUMPTION. (a) Uninsured ale, malt liquor, or beer that becomes |
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| 17 | 17 | | unfit for human consumption as the result of a natural disaster in |
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| 18 | 18 | | an area declared to be a disaster under Section 418.014, Government |
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| 19 | 19 | | Code, may be removed from the inventory of a retailer if the removal |
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| 20 | 20 | | is agreed to by: |
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| 21 | 21 | | (1) the holder of the brewer's permit or |
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| 22 | 22 | | manufacturer's license who manufactured the beverage; and |
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| 23 | 23 | | (2) the wholesaler or distributor that distributed the |
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| 24 | 24 | | beverage. |
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| 25 | 25 | | (b) A manufacturer or brewer and a wholesaler or distributor |
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| 26 | 26 | | who agree to the removal of a beverage under Subsection (a) must |
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| 27 | 27 | | hold the retailer from whose inventory the beverage is removed |
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| 28 | 28 | | harmless for the cost of the removal. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2019. |
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