| 1 | 1 | | 87R8781 JAM-F |
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| 2 | 2 | | By: Harris H.B. No. 2890 |
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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 sale of distilled spirits to ultimate consumers by |
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| 8 | 8 | | the holder of a distiller's and rectifier's permit. |
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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. Sections 14.05(a), (b), and (f), Alcoholic |
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| 11 | 11 | | Beverage Code, are amended to read as follows: |
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| 12 | 12 | | (a) The holder of a distiller's and rectifier's permit whose |
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| 13 | 13 | | permitted premises is located in an area where the sale of alcoholic |
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| 14 | 14 | | beverages is legal as provided by a ballot issue approved by the |
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| 15 | 15 | | voters under Section 501.035(b)(7), (8), or (9), Election Code, may |
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| 16 | 16 | | sell to ultimate consumers for consumption on or off the permitted |
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| 17 | 17 | | premises distilled spirits manufactured or rectified by the permit |
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| 18 | 18 | | holder in an amount not to exceed 12,500 [3,000] gallons annually. |
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| 19 | 19 | | (b) The holder of a distiller's and rectifier's permit may |
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| 20 | 20 | | sell distilled spirits manufactured by the permit holder to |
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| 21 | 21 | | ultimate consumers for off-premises consumption in unbroken |
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| 22 | 22 | | packages containing not more than 750 milliliters of distilled |
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| 23 | 23 | | spirits for off-premises consumption [in an amount not to exceed |
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| 24 | 24 | | 3,500 gallons annually] if: |
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| 25 | 25 | | (1) for a permit issued on or after September 1, 2013, |
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| 26 | 26 | | the permitted premises is located in an area where the sale of |
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| 27 | 27 | | alcoholic beverages is legal as provided by a ballot issue approved |
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| 28 | 28 | | by the voters under Section 501.035(b)(5), (6), or (7), Election |
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| 29 | 29 | | Code; or |
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| 30 | 30 | | (2) for a permit issued before September 1, 2013, the |
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| 31 | 31 | | permitted premises is located in an area where the sale of alcoholic |
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| 32 | 32 | | beverages is legal as provided by a ballot issue approved by the |
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| 33 | 33 | | voters under Section 501.035(b)(5), (6), (7), (8), or (9), Election |
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| 34 | 34 | | Code. |
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| 35 | 35 | | (f) The permit holder must [check a purchaser's |
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| 36 | 36 | | identification and] keep records of sales [purchases] in a manner |
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| 37 | 37 | | that enables the permit holder to comply with this section. |
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| 38 | 38 | | SECTION 2. Section 14.05(c), Alcoholic Beverage Code, is |
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| 39 | 39 | | repealed. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2021. |
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