| 1 | | - | H.B. No. 1755 |
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| 1 | + | By: Metcalf (Senate Sponsor - Hancock) H.B. No. 1755 |
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| 2 | + | (In the Senate - Received from the House April 8, 2021; |
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| 3 | + | April 12, 2021, read first time and referred to Committee on |
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| 4 | + | Business & Commerce; April 23, 2021, reported favorably by the |
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| 5 | + | following vote: Yeas 8, Nays 0; April 23, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the removal of an alcoholic beverage by an ultimate |
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| 6 | 12 | | consumer from the premises of a mixed beverage permit holder. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 28.10(b), Alcoholic Beverage Code, as |
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| 9 | 15 | | effective September 1, 2021, is amended to read as follows: |
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| 10 | 16 | | (b) A mixed beverage permittee may not permit any person to |
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| 11 | 17 | | take any alcoholic beverage purchased on the licensed premises from |
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| 12 | 18 | | the premises where sold, except that: |
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| 13 | 19 | | (1) a person who orders wine with food [and has a |
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| 14 | 20 | | portion of the open container remaining] may remove the [open] |
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| 15 | 21 | | container of wine from the premises whether the container is opened |
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| 16 | 22 | | or unopened; and |
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| 17 | 23 | | (2) a mixed beverage permittee who also holds a |
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| 18 | 24 | | brewpub license may sell or offer without charge on the premises of |
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| 19 | 25 | | the brewpub, to an ultimate consumer for consumption on or off the |
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| 20 | 26 | | premises, malt beverages produced by the permittee, in or from a |
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| 21 | 27 | | lawful container in an amount that does not exceed one-half barrel, |
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| 22 | 28 | | provided that the aggregate amount of malt beverages removed from |
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| 23 | 29 | | the premises under this subdivision does not exceed 1,000 barrels |
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| 24 | 30 | | annually. |
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| 25 | 31 | | SECTION 2. This Act takes effect September 1, 2021. |
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| 26 | | - | ______________________________ ______________________________ |
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| 27 | | - | President of the Senate Speaker of the House |
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| 28 | | - | I certify that H.B. No. 1755 was passed by the House on April |
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| 29 | | - | 7, 2021, by the following vote: Yeas 144, Nays 3, 1 present, not |
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| 30 | | - | voting. |
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| 31 | | - | ______________________________ |
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| 32 | | - | Chief Clerk of the House |
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| 33 | | - | I certify that H.B. No. 1755 was passed by the Senate on April |
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| 34 | | - | 29, 2021, by the following vote: Yeas 31, Nays 0. |
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| 35 | | - | ______________________________ |
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| 36 | | - | Secretary of the Senate |
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| 37 | | - | APPROVED: _____________________ |
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| 38 | | - | Date |
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| 39 | | - | _____________________ |
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| 40 | | - | Governor |
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| 32 | + | * * * * * |
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