By Kubiak H.B. No. 2321
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the invoicing, delivery and packaging of alcoholic
1-3 beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 107, Alcoholic Beverage Code, is amended
1-6 by adding a new Section 107.09 to read as follows:
1-7 Sec. 107.09. SINGLE INVOICE AUTHORIZED. If the holder of a
1-8 distributor's license also holds any class of wholesaler's permit,
1-9 the written statement or invoice required to evidence the sale of
1-10 beer or liquor may be on the same business form designed to reflect
1-11 the sale of both liquor and beer, provided that all information
1-12 required by this code to be shown on an invoice is reflected
1-13 thereon and records are otherwise maintained as required by this
1-14 code.
1-15 SECTION 2. Chapter 105, Alcoholic Beverage Code, is amended
1-16 by adding a new subsection (c) to read as follows:
1-17 Sec. 105.02. Hours of Sale: Wholesalers and Local
1-18 Distributors to Retailers.
1-19 (a) Except as provided by Subsection (b) of this section, a
1-20 wholesaler or a local distributor's permittee may sell, offer for
1-21 sale, or deliver liquor to a retailer between 7 a.m. and 9 p.m. on
1-22 any day except Sunday and Christmas day.
1-23 (b) A local distributor's permittee may not sell, offer for
2-1 sale, or deliver any liquor on any day on which a package store
2-2 permittee is prohibited from selling liquor.
2-3 (c) Notwithstanding Subsection (a), a wholesaler may deliver
2-4 liquor with a prior order to a retailer at any convenient time.
2-5 SECTION 3. Subchapter A, Chapter 61, Alcoholic Beverage
2-6 Code, is amended by adding Section 61.13 to read as follows:
2-7 Sec. 61.13. SALE OF BROKEN PACKAGES. A licensee who
2-8 receives an unbroken original package from a manufacturer or
2-9 distributor may not sell any part of the package in a form other
2-10 than:
2-11 (1) the form of the original package; or
2-12 (2) a single container.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.
2-20 COMMITTEE AMENDMENT NO. 1
2-21 Amend H.B. 2321 by deleting the number 3, line 10, page 2 and
2-22 substituting the number 4 therefor so that line 10, page 2 reads as
2-23 follows.
2-24 SECTION 4 <(3)>. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.
3-6 Kubiak