| 1 | 1 | | 86R10347 JAM-D |
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| 2 | 2 | | By: Buckingham S.B. No. 1368 |
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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 authority of a warehouse to store and ship wine. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 11.34(a), Alcoholic Beverage Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) An applicant for a wholesaler's, class B wholesaler's, |
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| 12 | 12 | | distiller's and rectifier's, brewer's, or winery permit may |
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| 13 | 13 | | consolidate in a single application an [his] application for that |
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| 14 | 14 | | permit and an [his] application for: |
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| 15 | 15 | | (1) private storage; |
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| 16 | 16 | | (2) storage in a [public bonded] warehouse under |
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| 17 | 17 | | Chapter 46; |
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| 18 | 18 | | (3) a private carrier's permit; and |
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| 19 | 19 | | (4) any other permit the applicant [he] is qualified |
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| 20 | 20 | | to receive. |
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| 21 | 21 | | SECTION 2. Section 45.01, Alcoholic Beverage Code, is |
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| 22 | 22 | | amended to read as follows: |
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| 23 | 23 | | Sec. 45.01. AUTHORIZED ACTIVITIES. The holder of a storage |
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| 24 | 24 | | permit may store liquor in a [public bonded] warehouse for which a |
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| 25 | 25 | | permit has been issued under Chapter 46 or in a private warehouse |
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| 26 | 26 | | owned or leased by the holder and operated by the holder. |
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| 27 | 27 | | SECTION 3. Sections 45.03(a) and (c), Alcoholic Beverage |
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| 28 | 28 | | Code, are amended to read as follows: |
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| 29 | 29 | | (a) A storage permit may be issued to a holder of a brewer's, |
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| 30 | 30 | | distiller's and rectifier's, winery, wholesaler's, class B |
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| 31 | 31 | | wholesaler's, [or] wine bottler's, or out-of-state winery direct |
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| 32 | 32 | | shipper's permit. |
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| 33 | 33 | | (c) Except as provided by this subsection, a storage permit |
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| 34 | 34 | | may not be issued for a location outside the county in which the |
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| 35 | 35 | | permittee's business is located. Subject to Section 45.04, the |
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| 36 | 36 | | holder of a winery permit or out-of-state winery direct shipper's |
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| 37 | 37 | | permit may obtain a storage permit for a location inside or outside |
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| 38 | 38 | | the county in which the permit holder's business is located. |
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| 39 | 39 | | SECTION 4. Chapter 46, Alcoholic Beverage Code, is amended |
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| 40 | 40 | | to read as follows: |
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| 41 | 41 | | CHAPTER 46. [BONDED] WAREHOUSE PERMIT |
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| 42 | 42 | | Sec. 46.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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| 43 | 43 | | [bonded] warehouse permit may: |
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| 44 | 44 | | (1) store liquor for any permittee who holds a permit |
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| 45 | 45 | | authorizing [its] storage of liquor in a [public bonded] warehouse |
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| 46 | 46 | | under this chapter; and |
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| 47 | 47 | | (2) deliver wine to ultimate consumers in fulfillment |
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| 48 | 48 | | of an order placed with the holder of a winery or out-of-state |
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| 49 | 49 | | winery direct shipper's permit whose wine is held in the warehouse. |
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| 50 | 50 | | (b) Delivery of wine under Subsection (a) must be by the |
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| 51 | 51 | | holder of a carrier permit and comply with the provisions of Section |
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| 52 | 52 | | 16.09 or Chapter 54, as applicable. |
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| 53 | 53 | | Sec. 46.02. FEE. The annual state fee for a [bonded] |
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| 54 | 54 | | warehouse permit is $150. |
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| 55 | 55 | | Sec. 46.03. QUALIFICATIONS FOR PERMIT. (a) Except as |
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| 56 | 56 | | provided by Subsection (b), a [A bonded] warehouse permit may be |
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| 57 | 57 | | issued to any [public bonded] warehouse that [: |
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| 58 | 58 | | [(1) derives at least 50 percent of its gross revenue |
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| 59 | 59 | | in a bona fide manner during each three-month period from the |
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| 60 | 60 | | storage of goods or merchandise other than liquor; and |
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| 61 | 61 | | [(2)] is not located in a dry area. |
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| 62 | 62 | | (b) A [bonded] warehouse permit may be issued to a [public |
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| 63 | 63 | | bonded] warehouse [described by Subsection (a)(1) of this section] |
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| 64 | 64 | | that is located in a dry area only for the storage of the wine of the |
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| 65 | 65 | | holder of a winery permit [who holds a permit authorizing its |
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| 66 | 66 | | storage in a public bonded warehouse]. |
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| 67 | 67 | | Sec. 46.04. STORAGE INFORMATION. The holder of a [bonded] |
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| 68 | 68 | | warehouse permit shall furnish [such] information concerning the |
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| 69 | 69 | | liquor stored in and withdrawn from the warehouse as may be required |
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| 70 | 70 | | by the commission. |
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| 71 | 71 | | SECTION 5. Section 54.01, Alcoholic Beverage Code, is |
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| 72 | 72 | | amended to read as follows: |
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| 73 | 73 | | Sec. 54.01. AUTHORIZED ACTIVITIES. (a) The holder of an |
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| 74 | 74 | | out-of-state winery direct shipper's permit may sell and deliver |
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| 75 | 75 | | wine that is produced or bottled by the permittee to an ultimate |
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| 76 | 76 | | consumer located in the State of Texas. Delivery must be by the |
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| 77 | 77 | | holder of a carrier permit. |
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| 78 | 78 | | (b) The holder of an out-of-state winery direct shipper's |
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| 79 | 79 | | permit may store wine only in a warehouse for which a permit has |
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| 80 | 80 | | been issued under Chapter 46. |
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| 81 | 81 | | SECTION 6. This Act takes effect September 1, 2019. |
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