Texas 2023 - 88th Regular

Texas Senate Bill SB926 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 926
2	2
3	3
4	4	AN ACT
5	5	relating to certain temporary sales by a mixed beverage permit
6	6	holder.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 25.16(b), Alcoholic Beverage Code, is
9	9	amended to read as follows:
10	10	(b) The holder of a wine and malt beverage retailer's permit
11	11	may temporarily sell wine and malt beverages for not more than four
12	12	consecutive days at the same location under Subsection (a) [and not
13	13	more than five consecutive days at an event under Subsection (d) or
14	14	six days if necessary to accommodate the postponement of scheduled
15	15	racing events due to an act of nature].
16	16	SECTION 2. Sections 28.06(a) and (c), Alcoholic Beverage
17	17	Code, are amended to read as follows:
18	18	(a) Except as provided by Sections 14.07, 28.20, and
19	19	37.01(d), no holder of a mixed beverage permit, nor any officer,
20	20	agent, or employee of a holder, may possess or permit to be
21	21	possessed on the premises for which the permit is issued any
22	22	alcoholic beverage which is not covered by an invoice from the
23	23	supplier from whom the alcoholic beverage was purchased.
24	24	(c) Except as provided by Sections 14.07, 28.20, and
25	25	37.01(d), no holder of a mixed beverage permit, nor any officer,
26	26	agent, or employee of a holder, may knowingly possess or permit to
27	27	be possessed on the licensed premises any alcoholic beverage which
28	28	is not covered by an invoice from the supplier from whom the
29	29	alcoholic beverage was purchased.
30	30	SECTION 3. Sections 28.10(a) and (b), Alcoholic Beverage
31	31	Code, are amended to read as follows:
32	32	(a) Except as provided by this section or Sections 28.01(b),
33	33	[and] 28.1001, and 28.20, a mixed beverage permittee may not sell an
34	34	alcoholic beverage to another mixed beverage permittee or to any
35	35	other person except for consumption on the seller's licensed
36	36	premises.
37	37	(b) A mixed beverage permittee may not permit any person to
38	38	take any alcoholic beverage purchased on the licensed premises from
39	39	the premises where sold, except that:
40	40	(1) a person who orders wine with food may remove the
41	41	container of wine from the premises whether the container is opened
42	42	or unopened; [and]
43	43	(2) a mixed beverage permittee who also holds a
44	44	brewpub license may sell or offer without charge on the premises of
45	45	the brewpub, to an ultimate consumer for consumption on or off the
46	46	premises, malt beverages produced by the permittee, in or from a
47	47	lawful container in an amount that does not exceed one-half barrel,
48	48	provided that the aggregate amount of malt beverages removed from
49	49	the premises under this subdivision does not exceed 1,000 barrels
50	50	annually; and
51	51	(3) a person who purchases wine or malt beverages from
52	52	a holder of a mixed beverage permit selling the beverages under
53	53	Section 28.20 may remove the beverages from the premises.
54	54	SECTION 4. Chapter 28, Alcoholic Beverage Code, is amended
55	55	by adding Section 28.20 to read as follows:
56	56	Sec. 28.20. TEMPORARY SALES AT CERTAIN RACING FACILITIES.
57	57	(a) The holder of a mixed beverage permit may temporarily sell wine
58	58	and malt beverages in an area of a facility with a seating capacity
59	59	of more than 40,000 that is open to the public and not otherwise
60	60	covered by a license or permit during a motor vehicle racing event
61	61	sponsored by a professional motor racing association.
62	62	(b) The holder of a mixed beverage permit may, under this
63	63	section, sell wine and malt beverages containing alcohol in excess
64	64	of one-half of one percent by volume but not more than 17 percent by
65	65	volume for consumption on or off the premises where sold, but not
66	66	for resale.
67	67	(c) The holder of a mixed beverage permit may temporarily
68	68	sell wine and malt beverages for not more than five consecutive days
69	69	at an event under this section or six days if necessary to
70	70	accommodate the postponement of scheduled racing events due to an
71	71	act of nature.
72	72	(d) The holder of a mixed beverage permit who temporarily
73	73	sells wine and malt beverages under this section may not:
74	74	(1) sell under this section at the facility more than
75	75	four times in a calendar year;
76	76	(2) sell alcoholic beverages in factory-sealed
77	77	containers;
78	78	(3) sell more than two drinks to a single consumer at
79	79	one time;
80	80	(4) sell alcoholic beverages at more than 50 percent
81	81	of the food and beverage concession stands that are open for
82	82	business at any one time; or
83	83	(5) sell alcoholic beverages after:
84	84	(A) 75 percent of the feature race is complete on
85	85	the day that race is held; or
86	86	(B) one hour before the scheduled completion of
87	87	the last spectator event on a day other than the feature race day.
88	88	(e) A holder of a mixed beverage permit who sells wine or
89	89	malt beverages under that permit in a county other than the county
90	90	in which the premises covered by the permit is located shall:
91	91	(1) purchase the beverages from a distributor or
92	92	wholesaler authorized under this code to sell the beverages in the
93	93	county in which the permit holder sells the beverages under this
94	94	section; and
95	95	(2) report to the commission, in the manner prescribed
96	96	by the commission by rule, the amount of beverages purchased and
97	97	sold under this section, by type.
98	98	(f) The holder of a mixed beverage permit who temporarily
99	99	sells wine and malt beverages under this section, or any officer,
100	100	agent, or employee of the permit holder, may allow a person to:
101	101	(1) possess and consume alcoholic beverages brought
102	102	onto the premises by the person; and
103	103	(2) remove from the premises any alcoholic beverages
104	104	brought onto the premises by the person.
105	105	(g) The commission shall adopt rules to implement this
106	106	section.
107	107	SECTION 5. Sections 25.16(d) and (e), Alcoholic Beverage
108	108	Code, are repealed.
109	109	SECTION 6. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2023.
114	114	______________________________ ______________________________
115	115	President of the Senate Speaker of the House
116	116	I hereby certify that S.B. No. 926 passed the Senate on
117	117	April 18, 2023, by the following vote: Yeas 30, Nays 1.
118	118	______________________________
119	119	Secretary of the Senate
120	120	I hereby certify that S.B. No. 926 passed the House on
121	121	April 28, 2023, by the following vote: Yeas 134, Nays 14, one
122	122	present not voting.
123	123	______________________________
124	124	Chief Clerk of the House
125	125	Approved:
126	126	______________________________
127	127	Date
128	128	______________________________
129	129	Governor