1-1 By: Goolsby (Senate Sponsor - Harris of Dallas) H.B. No. 72
1-2 (In the Senate - Received from the House March 10, 1993;
1-3 March 11, 1993, read first time and referred to Committee on State
1-4 Affairs; April 14, 1993, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; April 14, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to a private wine storage permit.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
1-26 amended by adding Chapter 52 to read as follows:
1-27 CHAPTER 52. PRIVATE WINE STORAGE PERMIT
1-28 Sec. 52.01. AUTHORIZED ACTIVITIES. (a) Except as provided
1-29 by Subsection (b) of this section, the holder of a private wine
1-30 storage permit may store wine for a person who:
1-31 (1) has purchased the wine at retail; and
1-32 (2) lawfully owns the wine to be stored.
1-33 (b) The holder of a private wine storage permit may not
1-34 accept for storage on the premises of the holder wine on which the
1-35 state tax imposed under Title 5 of this code is unpaid. For
1-36 purposes of this subsection, a sales receipt or invoice from the
1-37 holder of a package store permit or other permittee authorized to
1-38 sell wine in this state to an ultimate consumer is prima facie
1-39 evidence that the excise tax on the wine has been paid.
1-40 Sec. 52.02. ISSUANCE IN ALL AREAS. A private wine storage
1-41 permit may be issued in any area of this state, regardless of
1-42 whether the area is a "wet area" or a "dry area" as those terms are
1-43 defined under Section 251.71 of this code.
1-44 Sec. 52.03. RECORDS; REQUIRED INFORMATION. (a) The holder
1-45 of a private wine storage permit shall maintain records on wine
1-46 brought to the premises of the holder for storage or withdrawn from
1-47 that storage.
1-48 (b) In addition to the records required under Subsection (a)
1-49 of this section, the holder shall maintain other information as
1-50 required by the commission or the administrator.
1-51 Sec. 52.04. FEE. The annual state fee for a private wine
1-52 storage permit is $150.
1-53 Sec. 52.05. HOURS OF OPERATION. The holder of a private
1-54 wine storage permit may only operate during the hours that the
1-55 holder of a package store permit may operate.
1-56 Sec. 52.06. PROHIBITED ACTIVITIES. (a) Wine stored on the
1-57 premises of a private wine storage holder may not be sold, resold,
1-58 bartered, or traded to any person.
1-59 (b) Wine stored on the premises of a private wine storage
1-60 permit holder may be withdrawn from storage only by the lawful
1-61 owner of the wine.
1-62 SECTION 2. The importance of this legislation and the
1-63 crowded condition of the calendars in both houses create an
1-64 emergency and an imperative public necessity that the
1-65 constitutional rule requiring bills to be read on three several
1-66 days in each house be suspended, and this rule is hereby suspended,
1-67 and that this Act take effect and be in force from and after its
1-68 passage, and it is so enacted.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 April 14, 1993
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Committee on State Affairs to which was referred H.B.
2-9 No. 72, have had the same under consideration, and I am instructed
2-10 to report it back to the Senate with the recommendation that it do
2-11 pass and be printed.
2-12 Harris of
2-13 Dallas, Chairman
2-14 * * * * *
2-15 WITNESSES
2-16 FOR AGAINST ON
2-17 ___________________________________________________________________
2-18 Name: Randy Yarbrough x
2-19 Representing: TABC
2-20 City: Austin
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