By Brimer                                             H.B. No. 2732
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the timely filing of alcoholic beverage permits, the
    1-3  activities authorized for the holder of an agent's permit, the
    1-4  storage of certain alcoholic beverage records, and shipment of
    1-5  alcoholic beverages into the state.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 11.32, Alcoholic Beverage Code, is
    1-8  amended to read as follows:
    1-9        Sec. 11.32.  Renewal Application.  Renewal applications shall
   1-10  be made under oath and shall contain all information required by
   1-11  the commission or administrator showing that the applicant is
   1-12  qualified to hold the permit.  The application shall be accompanied
   1-13  by the required bond and state fee.  The commission or
   1-14  administrator may issue a renewal permit if it is found that the
   1-15  applicant is qualified.  The renewal of any permit is timely made
   1-16  if not later than the date on which the application is due the
   1-17  application is mailed to the commission in an envelope with the
   1-18  proper address and postage and is received by the commission not
   1-19  later than the 10th day after the date on which it was due.
   1-20        SECTION 2.  Section 35.01, Alcoholic Beverage Code, is
   1-21  amended to read as follows:
   1-22        Sec. 35.01.  Authorized Activities.  The holder of an agent's
   1-23  permit may:
    2-1              (1)  represent permittees other than retailers within
    2-2  this state who are authorized to sell liquor to retail dealers in
    2-3  the state; and
    2-4              (2)  solicit, <and> take orders for the sale of liquor
    2-5  from authorized permittees and deliver liquor to authorized
    2-6  permittees.
    2-7        SECTION 3.  Section 206.01(a), Alcoholic Beverage Code, is
    2-8  amended to read as follows:
    2-9        (a)  A permittee who distills, rectifies, manufactures, or
   2-10  receives any liquor shall make and keep a record of each day's
   2-11  production or receipt of liquor and the amount of tax stamps
   2-12  purchased by the permittee.  A permittee other than a retailer
   2-13  shall make and keep a record of each sale of liquor and to whom the
   2-14  sale is made and such records may be stored electronically.  Each
   2-15  transaction shall be entered on the day it occurs.  Permittees
   2-16  shall make and keep any other records required by the commission.
   2-17  All required records shall be kept available for inspection by the
   2-18  commission or its authorized representatives for at least four
   2-19  years.
   2-20        SECTION 4.  Section 107.07, Alcoholic Beverage Code, is
   2-21  amended by adding Subsection (f) to read as follows:
   2-22        (f)  Any person in the business of selling alcoholic
   2-23  beverages in another state or country who ships or causes to be
   2-24  shipped any alcoholic beverage directly to any Texas resident under
   2-25  this section is in violation of this code.
    3-1        SECTION 5.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended,
    3-6  and that this Act take effect and be in force from and after its
    3-7  passage, and it is so enacted.