73R767 PB-D
          By Goolsby                                              H.B. No. 72
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a private wine storage permit.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle A, Title 3, Alcoholic Beverage Code, is
    1-5  amended by adding Chapter 52 to read as follows:
    1-6               CHAPTER 52.  PRIVATE WINE STORAGE PERMIT
    1-7        Sec. 52.01.  AUTHORIZED ACTIVITIES.  (a)  Except as provided
    1-8  by Subsection (b) of this section, the holder of a private wine
    1-9  storage permit may store wine for a person who:
   1-10              (1)  has purchased the wine at retail; and
   1-11              (2)  lawfully owns the wine to be stored.
   1-12        (b)  The holder of a private wine storage permit may not
   1-13  accept for storage on the premises of the holder wine on which the
   1-14  state tax imposed under Title 5 of this code is unpaid.  For
   1-15  purposes of this subsection, a sales receipt or invoice from the
   1-16  holder of a package store permit or other permittee authorized to
   1-17  sell wine in this state to an ultimate consumer is prima facie
   1-18  evidence that the excise tax on the wine has been paid.
   1-19        Sec. 52.02.  ISSUANCE IN ALL AREAS.  A private wine storage
   1-20  permit may be issued in any area of this state, regardless of
   1-21  whether the area is a "wet area" or a "dry area" as those terms are
   1-22  defined under Section 251.71 of this code.
   1-23        Sec. 52.03.  RECORDS; REQUIRED INFORMATION.  (a)  The holder
   1-24  of a private wine storage permit shall maintain records on wine
    2-1  brought to the premises of the holder for storage or withdrawn from
    2-2  that storage.
    2-3        (b)  In addition to the records required under Subsection (a)
    2-4  of this section, the holder shall maintain other information as
    2-5  required by the commission or the administrator.
    2-6        Sec. 52.04.  FEE.  The annual state fee for a private wine
    2-7  storage permit is $150.
    2-8        Sec. 52.05.  HOURS OF OPERATION.  The holder of a private
    2-9  wine storage permit may only operate during the hours that the
   2-10  holder of a package store permit may operate.
   2-11        Sec. 52.06.  PROHIBITED ACTIVITIES.  (a)  Wine stored on the
   2-12  premises of a private wine storage holder may not be sold, resold,
   2-13  bartered, or traded to any person.
   2-14        (b)  Wine stored on the premises of a private wine storage
   2-15  permit holder may be withdrawn from storage only by the lawful
   2-16  owner of the wine.
   2-17        SECTION 2.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.