Texas 2023 - 88th Regular

Texas Senate Bill SB1932 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1932
2	2
3	3
4	4	AN ACT
5	5	relating to authorizing secondary wine sales; authorizing an
6	6	administrative penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 4, Alcoholic Beverage Code, is amended by
9	9	adding Chapter 111 to read as follows:
10	10	CHAPTER 111. SECONDARY WINE SALES
11	11	Sec. 111.001. DEFINITIONS. In this chapter:
12	12	(1) "Permitted restaurant" means a restaurant that
13	13	holds:
14	14	(A) a mixed beverage permit, a wine and malt
15	15	beverage retailer's permit, or a private club registration permit;
16	16	and
17	17	(B) a food and beverage certificate.
18	18	(2) "Wine collection seller" means a person who:
19	19	(A) is at least 21 years of age;
20	20	(B) does not hold a license or permit under this
21	21	code; and
22	22	(C) is:
23	23	(i) an administrator, executor, receiver,
24	24	or other fiduciary who receives and sells wine in execution of the
25	25	person's fiduciary capacity;
26	26	(ii) a creditor who receives or takes
27	27	possession of wine as security for, or in payment of, debt, in whole
28	28	or in part;
29	29	(iii) a public officer or court official
30	30	who levies on wine under order or process of any court or magistrate
31	31	to sell the wine in satisfaction of the order or process; or
32	32	(iv) any other person who does not hold or
33	33	have an interest in a permit or a license or in the business of a
34	34	permit or license holder under this code and is not engaged in the
35	35	business of selling alcoholic beverages.
36	36	Sec. 111.002. AUTHORIZED ACTIVITIES. A wine collection
37	37	seller may sell to a permitted restaurant wine that is:
38	38	(1) lawfully owned or possessed by the wine collection
39	39	seller;
40	40	(2) in an original container sealed by the
41	41	manufacturer; and
42	42	(3) manufactured not less than 20 years before the
43	43	date the wine collection seller sells the wine to a permitted
44	44	restaurant.
45	45	Sec. 111.003. PURCHASE BY RESTAURANT; SALE TO CONSUMER. A
46	46	permitted restaurant may purchase wine from a wine collection
47	47	seller and sell that wine to an ultimate consumer for on-premises
48	48	consumption in accordance with the permit held by the permitted
49	49	restaurant.
50	50	Sec. 111.004. RECORDS. (a) A permitted restaurant that
51	51	purchases wine under this chapter shall maintain a record of each
52	52	purchase. A permitted restaurant shall maintain the record until
53	53	the second anniversary of the date the restaurant sells the wine to
54	54	an ultimate consumer.
55	55	(b) The record, at a minimum, must include:
56	56	(1) the name, address, and phone number of the wine
57	57	collection seller who sold the wine to the permitted restaurant;
58	58	(2) a description of the wine;
59	59	(3) details of the transaction between the wine
60	60	collection seller and the permitted restaurant, including the brand
61	61	name and quantity of containers purchased by the permitted
62	62	restaurant;
63	63	(4) the date of the purchase; and
64	64	(5) any documents that support the provenance of the
65	65	wine.
66	66	(c) A permitted restaurant shall make a record of a wine
67	67	purchase made under this chapter available upon request to the
68	68	ultimate consumer who purchases the wine. The ultimate consumer
69	69	may request the records either before or after the sale to the
70	70	consumer. The permitted restaurant may redact from the record the
71	71	price the restaurant paid for the wine.
72	72	(d) The commission shall assess an administrative penalty
73	73	in the amount of $500 against a permitted restaurant for each
74	74	violation of this section.
75	75	Sec. 111.005. TAX. Sales of wine by a wine collection
76	76	seller to a permitted restaurant under this chapter are exempt from
77	77	the taxes imposed under Subchapter A, Chapter 201.
78	78	SECTION 2. As soon as practicable after the effective date
79	79	of this Act, the Texas Alcoholic Beverage Commission shall adopt
80	80	rules necessary to implement Chapter 111, Alcoholic Beverage Code,
81	81	as added by this Act.
82	82	SECTION 3. This Act takes effect September 1, 2023.
83	83	______________________________ ______________________________
84	84	President of the Senate Speaker of the House
85	85	I hereby certify that S.B. No. 1932 passed the Senate on
86	86	April 26, 2023, by the following vote: Yeas 24, Nays 6, one
87	87	present not voting.
88	88	______________________________
89	89	Secretary of the Senate
90	90	I hereby certify that S.B. No. 1932 passed the House on
91	91	May 18, 2023, by the following vote: Yeas 132, Nays 10, one
92	92	present not voting.
93	93	______________________________
94	94	Chief Clerk of the House
95	95	Approved:
96	96	______________________________
97	97	Date
98	98	______________________________
99	99	Governor