Texas 2019 - 86th Regular

Texas House Bill HB3399 Compare Versions

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

Old	New	Differences
1	1	86R8425 BEE-D
2	2	By: Zedler H.B. No. 3399
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance and duration of certain temporary
8	8	alcoholic beverage permits and licenses; changing the amounts of
9	9	fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 27.02, Alcoholic Beverage Code, is
12	12	amended to read as follows:
13	13	Sec. 27.02. FEE. The state fee for a temporary wine and
14	14	beer retailer's permit is $10 for each day the permit is valid
15	15	[$30]. No refund shall be allowed for the surrender or nonuse of
16	16	the permit.
17	17	SECTION 2. Section 27.03, Alcoholic Beverage Code, is
18	18	amended to read as follows:
19	19	Sec. 27.03. DURATION OF PERMIT. (a) A [Except as provided
20	20	by Subsection (b), a] temporary wine and beer retailer's permit may
21	21	be issued for the number of days requested in the application, not
22	22	to exceed the length of the event at which the permit holder will be
23	23	selling wine, beer, and malt liquor [a period of not more than four
24	24	days].
25	25	(b) The commission by rule shall establish the maximum
26	26	length of time a [A] temporary wine and beer retailer's permit
27	27	holder [issued under Section 27.07] may sell wine, beer, and malt
28	28	liquor at the same location under a permit issued under this
29	29	subchapter [be issued for a period of five days. On notice to the
30	30	commission, the commission may extend the permit for one additional
31	31	day to accommodate the postponement of scheduled racing events due
32	32	to an act of nature].
33	33	SECTION 3. Subchapter B, Chapter 27, Alcoholic Beverage
34	34	Code, is amended to read as follows:
35	35	SUBCHAPTER B. SPECIAL EVENT [THREE-DAY] WINE AND BEER PERMIT
36	36	Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special
37	37	event [three-day] wine and beer permit may sell for consumption on
38	38	the premises for which the permit is issued, but not for resale,
39	39	wine, beer, and malt liquors containing alcohol in excess of
40	40	one-half of one percent by volume but not more than 17 percent by
41	41	volume.
42	42	Sec. 27.12. FEE. The state fee for a special event
43	43	[three-day] wine and beer permit is $10 for each day the permit is
44	44	valid [$30].
45	45	Sec. 27.125. DURATION OF PERMIT. (a) A special event wine
46	46	and beer permit may be issued for the number of days requested in
47	47	the application not to exceed the length of the event at which the
48	48	permit holder will be selling wine, beer, and malt liquor.
49	49	(b) The commission by rule shall establish the maximum
50	50	length of time a special event wine and beer permit holder may sell
51	51	wine, beer, and malt liquor at the same location under a permit
52	52	issued under this subchapter.
53	53	Sec. 27.13. ISSUANCE OF PERMIT. (a) The commission may
54	54	issue a special event [three-day] wine and beer permit directly to a
55	55	nonprofit charitable, civic, or religious organization for the
56	56	temporary serving of wine and beer at a picnic, celebration, or
57	57	similar event sponsored by the organization.
58	58	(b) The commission by rule may limit the number of special
59	59	event [three-day] wine and beer permits issued in each calendar
60	60	year to a single nonprofit charitable, civic, or religious
61	61	organization for events sponsored by that organization.
62	62	(c) If a special event [three-day] wine and beer permit is
63	63	issued for a premises in an area in which the sale of beer for
64	64	on-premise consumption has been authorized by a local option
65	65	election, but the sale of wine for on-premise consumption has not
66	66	been authorized, then the permittee is only authorized to sell
67	67	beer.
68	68	Sec. 27.14. APPLICATION OF WINE AND BEER RETAILER'S PERMIT
69	69	PROVISIONS. A provision of this code that applies to a wine and
70	70	beer retailer permit applies to a special event [three-day] wine
71	71	and beer permit unless the provision conflicts with a provision of
72	72	this subchapter.
73	73	Sec. 27.15. RULES. The commission shall [may] adopt rules
74	74	as necessary to implement and administer this subchapter.
75	75	SECTION 4. Chapter 30, Alcoholic Beverage Code, is amended
76	76	by adding Section 30.025 to read as follows:
77	77	Sec. 30.025. DURATION OF PERMIT. (a) A daily temporary
78	78	mixed beverage permit may be issued for the number of days requested
79	79	in the application, not to exceed the length of the event at which
80	80	the permit holder will be selling authorized alcoholic beverages.
81	81	(b) The commission by rule shall establish the maximum
82	82	length of time a daily temporary mixed beverage permit holder may
83	83	sell authorized alcoholic beverages at the same location under a
84	84	permit issued under this chapter.
85	85	SECTION 5. Section 30.03(a), Alcoholic Beverage Code, is
86	86	amended to read as follows:
87	87	(a) [The commission may, in its discretion, issue on a
88	88	temporary basis a daily temporary mixed beverage permit.] A daily
89	89	temporary mixed beverage permit may be issued only to a holder of a
90	90	mixed beverage permit for the temporary sale of authorized
91	91	alcoholic beverages at picnics, celebrations, or similar events, or
92	92	to a political party or political association supporting a
93	93	candidate for public office or a proposed amendment to the Texas
94	94	Constitution or other ballot measure, to an organization formed for
95	95	a specific charitable or civic purpose, to a fraternal organization
96	96	in existence for over five years with a regular membership, or to a
97	97	religious organization. The commission shall not issue more than
98	98	10 temporary mixed beverage permits in each calendar year to a
99	99	person who does not also hold a mixed beverage permit.
100	100	SECTION 6. Section 72.02, Alcoholic Beverage Code, is
101	101	amended to read as follows:
102	102	Sec. 72.02. FEE. The state fee for a temporary license is
103	103	$7.50 for each day the license is valid [$30]. No refund shall be
104	104	allowed for the surrender or nonuse of a temporary license.
105	105	SECTION 7. Section 72.03, Alcoholic Beverage Code, is
106	106	amended to read as follows:
107	107	Sec. 72.03. DURATION OF LICENSE. A temporary license may be
108	108	issued for the number of days requested in the application, not to
109	109	exceed the length of the event at which the license holder will be
110	110	selling wine, beer, and malt liquor [a period of not more than four
111	111	days].
112	112	SECTION 8. This Act takes effect September 1, 2019.