Texas 2025 - 89th Regular

Texas House Bill HB1301 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3943 SCF-D
2	2	By: Landgraf H.B. No. 1301
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the sale of wine and malt beverages by certain alcoholic
10	10	beverage manufacturers at a restaurant operated by the
11	11	manufacturer; creating a wine, malt beverage, and food permit.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
14	14	amended by adding Chapter 59 to read as follows:
15	15	CHAPTER 59. WINE, MALT BEVERAGE, AND FOOD PERMIT
16	16	Sec. 59.001. QUALIFICATION FOR PERMIT. A wine, malt
17	17	beverage, and food permit may be issued only to the holder of a
18	18	winery permit or a brewer's license who operates a restaurant on the
19	19	permitted or licensed premises.
20	20	Sec. 59.002. AUTHORIZED ACTIVITIES. (a) The holder of a
21	21	wine, malt beverage, and food permit may sell wine and malt
22	22	beverages to ultimate consumers for consumption at a restaurant
23	23	operated on the holder's permitted or licensed premises.
24	24	(b) Food must be available at all times alcoholic beverages
25	25	are sold.
26	26	Sec. 59.003. INFORMATION REQUIRED OF APPLICANTS. In
27	27	addition to the information required of applicants for permits
28	28	under this code, an applicant for a wine, malt beverage, and food
29	29	permit shall provide to the commission in the form and manner
30	30	prescribed by the commission in the original and each renewal
31	31	permit application:
32	32	(1) a menu or list of all food and beverages to be
33	33	offered for sale at the restaurant, including prices;
34	34	(2) a list of equipment used by the restaurant for food
35	35	preparation;
36	36	(3) the hours of operation for the restaurant,
37	37	including hours during which alcoholic beverages are available;
38	38	(4) any existing sales data for the restaurant, or if
39	39	none is available, projected sales for food, alcoholic beverages,
40	40	and any other major categories of sales by the restaurant; and
41	41	(5) a floorplan of the restaurant portion of the
42	42	permitted premises, showing the areas that are dedicated for food
43	43	preparation and service and the areas that are dedicated for
44	44	alcoholic beverage preparation and service.
45	45	Sec. 59.004. RECORDS. (a) A permit holder shall:
46	46	(1) maintain a summary of daily sales, separating the
47	47	total sales for:
48	48	(A) alcoholic beverages;
49	49	(B) food; and
50	50	(C) any other major sales categories, including
51	51	nonalcoholic beverages;
52	52	(2) maintain each invoice for the purchase of
53	53	alcoholic beverages sold under the permit until the fourth
54	54	anniversary of the date the alcoholic beverage was purchased; and
55	55	(3) make the invoices described by Subdivision (2)
56	56	available for inspection by the commission on the commission's
57	57	request.
58	58	(b) Failure to submit any required documentation to the
59	59	commission or maintain a record required by this section is:
60	60	(1) prima facie evidence of noncompliance with the
61	61	requirements of this chapter; and
62	62	(2) grounds for the commission to take disciplinary
63	63	action against the permit holder.
64	64	SECTION 2. As soon as practicable after the effective date
65	65	of this Act, the Texas Alcoholic Beverage Commission shall adopt
66	66	rules necessary to implement the changes in law made by this Act.
67	67	SECTION 3. This Act takes effect September 1, 2025.