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a private wine storage permit shall maintain records on wine 2-1 brought to the premises of the holder for storage or withdrawn from 2-2 that storage. 2-3 (b) In addition to the records required under Subsection (a) 2-4 of this section, the holder shall maintain other information as 2-5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or traded to any person. 2-14 (b) Wine stored on the premises of a private wine storage 2-15 permit holder may be withdrawn from storage only by the lawful 2-16 owner of the wine. 2-17 SECTION 2.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.