86R10347 JAM-D
By: Buckingham S.B. No. 1368
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a warehouse to store and ship wine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.34(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) An applicant for a wholesaler's, class B wholesaler's,
distiller's and rectifier's, brewer's, or winery permit may
consolidate in a single application an [his] application for that
permit and an [his] application for:
(1) private storage;
(2) storage in a [public bonded] warehouse under
Chapter 46;
(3) a private carrier's permit; and
(4) any other permit the applicant [he] is qualified
to receive.
SECTION 2. Section 45.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 45.01. AUTHORIZED ACTIVITIES. The holder of a storage
permit may store liquor in a [public bonded] warehouse for which a
permit has been issued under Chapter 46 or in a private warehouse
owned or leased by the holder and operated by the holder.
SECTION 3. Sections 45.03(a) and (c), Alcoholic Beverage
Code, are amended to read as follows:
(a) A storage permit may be issued to a holder of a brewer's,
distiller's and rectifier's, winery, wholesaler's, class B
wholesaler's, [or] wine bottler's, or out-of-state winery direct
shipper's permit.
(c) Except as provided by this subsection, a storage permit
may not be issued for a location outside the county in which the
permittee's business is located. Subject to Section 45.04, the
holder of a winery permit or out-of-state winery direct shipper's
permit may obtain a storage permit for a location inside or outside
the county in which the permit holder's business is located.
SECTION 4. Chapter 46, Alcoholic Beverage Code, is amended
to read as follows:
CHAPTER 46. [BONDED] WAREHOUSE PERMIT
Sec. 46.01. AUTHORIZED ACTIVITIES. (a) The holder of a
[bonded] warehouse permit may:
(1) store liquor for any permittee who holds a permit
authorizing [its] storage of liquor in a [public bonded] warehouse
under this chapter; and
(2) deliver wine to ultimate consumers in fulfillment
of an order placed with the holder of a winery or out-of-state
winery direct shipper's permit whose wine is held in the warehouse.
(b) Delivery of wine under Subsection (a) must be by the
holder of a carrier permit and comply with the provisions of Section
16.09 or Chapter 54, as applicable.
Sec. 46.02. FEE. The annual state fee for a [bonded]
warehouse permit is $150.
Sec. 46.03. QUALIFICATIONS FOR PERMIT. (a) Except as
provided by Subsection (b), a [A bonded] warehouse permit may be
issued to any [public bonded] warehouse that [:
[(1) derives at least 50 percent of its gross revenue
in a bona fide manner during each three-month period from the
storage of goods or merchandise other than liquor; and
[(2)] is not located in a dry area.
(b) A [bonded] warehouse permit may be issued to a [public
bonded] warehouse [described by Subsection (a)(1) of this section]
that is located in a dry area only for the storage of the wine of the
holder of a winery permit [who holds a permit authorizing its
storage in a public bonded warehouse].
Sec. 46.04. STORAGE INFORMATION. The holder of a [bonded]
warehouse permit shall furnish [such] information concerning the
liquor stored in and withdrawn from the warehouse as may be required
by the commission.
SECTION 5. Section 54.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 54.01. AUTHORIZED ACTIVITIES. (a) The holder of an
out-of-state winery direct shipper's permit may sell and deliver
wine that is produced or bottled by the permittee to an ultimate
consumer located in the State of Texas. Delivery must be by the
holder of a carrier permit.
(b) The holder of an out-of-state winery direct shipper's
permit may store wine only in a warehouse for which a permit has
been issued under Chapter 46.
SECTION 6. This Act takes effect September 1, 2019.