Texas 2023 - 88th Regular

Texas House Bill HB3350 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19007 SCP-F
2	2	By: Holland, King of Hemphill, Harless H.B. No. 3350
3	3	Substitute the following for H.B. No. 3350:
4	4	By: Goldman C.S.H.B. No. 3350
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the purchase and sale of vintage distilled spirits by
10	10	the holder of a package store permit or local distributor's permit.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1.04, Alcoholic Beverage Code, is
13	13	amended by adding Subdivisions (30) and (31) to read as follows:
14	14	(30) "Vintage distilled spirits" means distilled
15	15	spirits that:
16	16	(A) are in the original manufacturer's sealed
17	17	container, including a bottle or case of bottles;
18	18	(B) are not owned by the holder of a distiller's
19	19	and rectifier's permit or the holder of a nonresident seller's
20	20	permit;
21	21	(C) are not otherwise available for purchase from
22	22	the holder of a wholesaler's permit;
23	23	(D) have not been offered for sale by the holder
24	24	of a wholesaler's permit within the preceding five years; and
25	25	(E) are possessed by a person in this state.
26	26	(31) "Vintage distilled spirits seller" means a person
27	27	who:
28	28	(A) is at least 21 years of age;
29	29	(B) does not hold a license or permit under this
30	30	code; and
31	31	(C) is:
32	32	(i) an administrator, executor, receiver,
33	33	or other fiduciary who receives and sells vintage distilled spirits
34	34	in execution of the person's fiduciary capacity;
35	35	(ii) a creditor who receives or takes
36	36	possession of vintage distilled spirits as security for, or in
37	37	payment of, debt, in whole or in part;
38	38	(iii) a public officer or court official
39	39	who levies on vintage distilled spirits under order or process of
40	40	any court or magistrate to sell the vintage distilled spirits in
41	41	satisfaction of the order or process; or
42	42	(iv) any other person who does not hold or
43	43	have an interest in a permit or a license or in the business of a
44	44	permit or license holder under this code and is not engaged in the
45	45	business of selling alcoholic beverages.
46	46	SECTION 2. Section 22.01, Alcoholic Beverage Code, is
47	47	amended to read as follows:
48	48	Sec. 22.01. AUTHORIZED ACTIVITIES. The holder of a package
49	49	store permit may:
50	50	(1) purchase liquor in this state from the holder of a
51	51	winery, wholesaler's, or class B wholesaler's permit;
52	52	(2) purchase malt beverages in this state from the
53	53	holder of a general or branch distributor's license;
54	54	(3) sell liquor and malt beverages in unbroken
55	55	original containers on or from the holder's licensed premises at
56	56	retail to consumers for off-premises consumption only and not for
57	57	the purpose of resale, except that if the permittee is a hotel, the
58	58	permittee may deliver unbroken packages of liquor and malt
59	59	beverages to bona fide guests of the hotel in their rooms for
60	60	consumption in their rooms;
61	61	(4) sell vinous liquors in original containers of not
62	62	less than six ounces; [and]
63	63	(5) sell liquor to holders of passenger transportation
64	64	permits as provided in Section 48.03; and
65	65	(6) purchase and sell vintage distilled spirits as
66	66	provided in Section 22.19.
67	67	SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended
68	68	by adding Section 22.19 to read as follows:
69	69	Sec. 22.19. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.
70	70	(a) The holder of a package store permit may purchase vintage
71	71	distilled spirits from a vintage distilled spirits seller.
72	72	(b) A vintage distilled spirits seller may sell to the
73	73	holder of a package store permit, for each permitted premises, not
74	74	more than 24 containers of vintage distilled spirits during any
75	75	12-month period.
76	76	(c) The holder of a package store permit shall maintain a
77	77	record of each purchase of vintage distilled spirits until the
78	78	second anniversary of the date the vintage distilled spirits are
79	79	purchased and provide the record to the commission on request. The
80	80	record must include the following information:
81	81	(1) the permit holder's name, address, permit number,
82	82	and phone number;
83	83	(2) the vintage distilled spirits seller's name,
84	84	address, and phone number;
85	85	(3) the brand name and quantity of each vintage
86	86	distilled spirits container purchased;
87	87	(4) the date of the purchase; and
88	88	(5) the number of containers of vintage distilled
89	89	spirits the permit holder has previously purchased from the vintage
90	90	distilled spirits seller and the dates of those purchases.
91	91	(d) A package store permit holder may sell vintage distilled
92	92	spirits to consumers for off-premises consumption only and to
93	93	holders of passenger transportation permits as provided in Section
94	94	48.03.
95	95	(e) Any holder of a package store permit who is injured in
96	96	the permittee's business or property by a vintage distilled spirits
97	97	seller by the sale of forged, adulterated, or counterfeit vintage
98	98	distilled spirits to the permittee may institute suit in any
99	99	district court in the county in which the violation is alleged to
100	100	have occurred to require enforcement by injunctive procedures and
101	101	to recover triple damages plus costs of suit including reasonable
102	102	attorney's fees.
103	103	SECTION 4. Section 23.01(a), Alcoholic Beverage Code, is
104	104	amended to read as follows:
105	105	(a) The holder of a local distributor's permit may:
106	106	(1) purchase alcoholic beverages, including malt
107	107	beverages, from wholesalers and distributors authorized to sell
108	108	them for resale, but may purchase only those brands available for
109	109	general distribution to all local distributor's permittees;
110	110	(2) sell and distribute the alcoholic beverages,
111	111	including malt beverages, to mixed beverage and private club
112	112	registration permittees;
113	113	(3) sell and distribute distilled spirits to the
114	114	holder of a nonprofit entity temporary event permit; [and]
115	115	(4) rent or sell to mixed beverage and private club
116	116	registration permittees any equipment, fixtures, or supplies used
117	117	in the selling or dispensing of distilled spirits; and
118	118	(5) purchase and sell vintage distilled spirits as
119	119	provided by Section 23.07.
120	120	SECTION 5. Chapter 23, Alcoholic Beverage Code, is amended
121	121	by adding Section 23.07 to read as follows:
122	122	Sec. 23.07. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.
123	123	(a) The holder of a local distributor's permit may purchase vintage
124	124	distilled spirits from a vintage distilled spirits seller.
125	125	(b) A vintage distilled spirits seller may sell to the
126	126	holder of a local distributor's permit, for each permitted
127	127	premises, not more than 24 containers of vintage distilled spirits
128	128	during any 12-month period.
129	129	(c) The holder of a local distributor's permit shall
130	130	maintain a record of each purchase of vintage distilled spirits
131	131	until the second anniversary of the date the vintage distilled
132	132	spirits are purchased and provide the record to the commission on
133	133	request. The record must include the following information:
134	134	(1) the permit holder's name, address, permit number,
135	135	and phone number;
136	136	(2) the vintage distilled spirits seller's name,
137	137	address, and phone number;
138	138	(3) the brand name and quantity of each vintage
139	139	distilled spirits container purchased;
140	140	(4) the date of the purchase; and
141	141	(5) the number of containers of vintage distilled
142	142	spirits the permit holder has previously purchased from the vintage
143	143	distilled spirits seller and the dates of those purchases.
144	144	(d) A local distributor's permit holder may sell to the
145	145	holder of a mixed beverage permit not more than six containers of
146	146	vintage distilled spirits during any 12-month period.
147	147	(e) Any holder of a local distributor's permit who is
148	148	injured in the permittee's business or property by a vintage
149	149	distilled spirits seller by the sale of forged, adulterated, or
150	150	counterfeit vintage distilled spirits to the permittee may
151	151	institute suit in any district court in the county in which the
152	152	violation is alleged to have occurred to require enforcement by
153	153	injunctive procedures and to recover triple damages plus costs of
154	154	suit including reasonable attorney's fees.
155	155	SECTION 6. Section 28.07(a), Alcoholic Beverage Code, is
156	156	amended to read as follows:
157	157	(a) All distilled spirits and vintage distilled spirits
158	158	sold by a holder of a mixed beverage permit must be purchased from a
159	159	holder of a local distributor's permit in the county in which the
160	160	premises of a mixed beverage permittee is located.
161	161	SECTION 7. Section 103.10, Alcoholic Beverage Code, is
162	162	amended to read as follows:
163	163	Sec. 103.10. EXERCISE OF DISCRETION IN CASE OF MISTAKE. (a)
164	164	The preceding sections of this subchapter shall not be construed as
165	165	preventing the commission from exercising its discretion if illicit
166	166	alcoholic beverages are seized as the result of an accidental
167	167	shipment or other reasonable mistake. Under those circumstances,
168	168	the commission may issue orders and make disposition of the
169	169	alcoholic beverages as it finds just and reasonable.
170	170	(b) It is a defense to prosecution or to the imposition of a
171	171	civil or administrative penalty for a violation under this chapter
172	172	that:
173	173	(1) the holder of a package store permit or the holder
174	174	of a local distributor's permit:
175	175	(A) purchased an illicit beverage from a vintage
176	176	distilled spirits seller under Section 22.19 or 23.07 in good
177	177	faith;
178	178	(B) reasonably believed the illicit beverage was
179	179	vintage distilled spirits at all times the beverage was in the
180	180	permit holder's possession; and
181	181	(C) sold the illicit beverage to an authorized
182	182	purchaser in good faith; and
183	183	(2) an authorized purchaser, to whom the holder of a
184	184	package store permit or local distributor's permit sold an illicit
185	185	beverage, reasonably believed the beverage was vintage distilled
186	186	spirits and not an illicit beverage.
187	187	SECTION 8. Section 201.08(a), Alcoholic Beverage Code, is
188	188	amended to read as follows:
189	189	(a) No tax may be collected on liquor:
190	190	(1) shipped out of state for consumption outside the
191	191	state; [or]
192	192	(2) sold aboard a ship for ship's supplies; or
193	193	(3) sold as vintage distilled spirits.
194	194	SECTION 9. This Act takes effect September 1, 2023.