Texas 2023 - 88th Regular

Texas House Bill HB1542 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R3080 SCP-F
2	2	By: Thimesch H.B. No. 1542
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain temporary sales by a mixed beverage permit
8	8	holder.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 25.16(b), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(b) The holder of a wine and malt beverage retailer's permit
13	13	may temporarily sell wine and malt beverages for not more than four
14	14	consecutive days at the same location under Subsection (a) [and not
15	15	more than five consecutive days at an event under Subsection (d) or
16	16	six days if necessary to accommodate the postponement of scheduled
17	17	racing events due to an act of nature].
18	18	SECTION 2. Sections 28.06(a) and (c), Alcoholic Beverage
19	19	Code, are amended to read as follows:
20	20	(a) Except as provided by Sections 14.07, 28.20, and
21	21	37.01(d), no holder of a mixed beverage permit, nor any officer,
22	22	agent, or employee of a holder, may possess or permit to be
23	23	possessed on the premises for which the permit is issued any
24	24	alcoholic beverage which is not covered by an invoice from the
25	25	supplier from whom the alcoholic beverage was purchased.
26	26	(c) Except as provided by Sections 14.07, 28.20, and
27	27	37.01(d), no holder of a mixed beverage permit, nor any officer,
28	28	agent, or employee of a holder, may knowingly possess or permit to
29	29	be possessed on the licensed premises any alcoholic beverage which
30	30	is not covered by an invoice from the supplier from whom the
31	31	alcoholic beverage was purchased.
32	32	SECTION 3. Sections 28.10(a) and (b), Alcoholic Beverage
33	33	Code, are amended to read as follows:
34	34	(a) Except as provided by this section or Sections 28.01(b),
35	35	[and] 28.1001, and 28.20, a mixed beverage permittee may not sell an
36	36	alcoholic beverage to another mixed beverage permittee or to any
37	37	other person except for consumption on the seller's licensed
38	38	premises.
39	39	(b) A mixed beverage permittee may not permit any person to
40	40	take any alcoholic beverage purchased on the licensed premises from
41	41	the premises where sold, except that:
42	42	(1) a person who orders wine with food may remove the
43	43	container of wine from the premises whether the container is opened
44	44	or unopened; [and]
45	45	(2) a mixed beverage permittee who also holds a
46	46	brewpub license may sell or offer without charge on the premises of
47	47	the brewpub, to an ultimate consumer for consumption on or off the
48	48	premises, malt beverages produced by the permittee, in or from a
49	49	lawful container in an amount that does not exceed one-half barrel,
50	50	provided that the aggregate amount of malt beverages removed from
51	51	the premises under this subdivision does not exceed 1,000 barrels
52	52	annually; and
53	53	(3) a person who purchases wine or malt beverages from
54	54	a holder of a mixed beverage permit selling the beverages under
55	55	Section 28.20 may remove the beverages from the premises.
56	56	SECTION 4. Chapter 28, Alcoholic Beverage Code, is amended
57	57	by adding Section 28.20 to read as follows:
58	58	Sec. 28.20. TEMPORARY SALES AT CERTAIN RACING FACILITIES.
59	59	(a) The holder of a mixed beverage permit may temporarily sell wine
60	60	and malt beverages in an area of a facility with a seating capacity
61	61	of more than 40,000 that is open to the public and not otherwise
62	62	covered by a license or permit during a motor vehicle racing event
63	63	sponsored by a professional motor racing association.
64	64	(b) The holder of a mixed beverage permit may, under this
65	65	section, sell wine and malt beverages containing alcohol in excess
66	66	of one-half of one percent by volume but not more than 17 percent by
67	67	volume for consumption on or off the premises where sold, but not
68	68	for resale.
69	69	(c) The holder of a mixed beverage permit may temporarily
70	70	sell wine and malt beverages for not more than five consecutive days
71	71	at an event under this section or six days if necessary to
72	72	accommodate the postponement of scheduled racing events due to an
73	73	act of nature.
74	74	(d) The holder of a mixed beverage permit who temporarily
75	75	sells wine and malt beverages under this section may not:
76	76	(1) sell under this section at the facility more than
77	77	four times in a calendar year;
78	78	(2) sell alcoholic beverages in factory-sealed
79	79	containers;
80	80	(3) sell more than two drinks to a single consumer at
81	81	one time;
82	82	(4) sell alcoholic beverages at more than 50 percent
83	83	of the food and beverage concession stands that are open for
84	84	business at any one time; or
85	85	(5) sell alcoholic beverages after:
86	86	(A) 75 percent of the feature race is complete on
87	87	the day that race is held; or
88	88	(B) one hour before the scheduled completion of
89	89	the last spectator event on a day other than the feature race day.
90	90	(e) A holder of a mixed beverage permit who sells wine or
91	91	malt beverages under that permit in a county other than the county
92	92	in which the premises covered by the permit is located shall:
93	93	(1) purchase the beverages from a distributor or
94	94	wholesaler authorized under this code to sell the beverages in the
95	95	county in which the permit holder sells the beverages under this
96	96	section; and
97	97	(2) report to the commission, in the manner prescribed
98	98	by the commission by rule, the amount of beverages purchased and
99	99	sold under this section, by type.
100	100	(f) The holder of a mixed beverage permit who temporarily
101	101	sells wine and malt beverages under this section, or any officer,
102	102	agent, or employee of the permit holder, may allow a person to:
103	103	(1) possess and consume alcoholic beverages brought
104	104	onto the premises by the person; and
105	105	(2) remove from the premises any alcoholic beverages
106	106	brought onto the premises by the person.
107	107	(g) The commission shall adopt rules to implement this
108	108	section.
109	109	SECTION 5. Sections 25.16(d) and (e), Alcoholic Beverage
110	110	Code, are repealed.
111	111	SECTION 6. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2023.