1-1  By:  Brimer (Senate Sponsor - Harris)                 H.B. No. 2732
    1-2        (In the Senate - Received from the House May 1, 1995;
    1-3  May 2, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 5, 1995, reported favorably by the following vote:
    1-5  Yeas 11, Nays 0; May 5, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the timely filing of alcoholic beverage permits, the
    1-9  activities authorized for the holder of an agent's permit, the
   1-10  storage of certain alcoholic beverage records, and shipment of
   1-11  alcoholic beverages into the state.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 11.32, Alcoholic Beverage Code, is
   1-14  amended to read as follows:
   1-15        Sec. 11.32.  Renewal Application.  Renewal applications shall
   1-16  be made under oath and shall contain all information required by
   1-17  the commission or administrator showing that the applicant is
   1-18  qualified to hold the permit.  The application shall be accompanied
   1-19  by the required bond and state fee.  The commission or
   1-20  administrator may issue a renewal permit if it is found that the
   1-21  applicant is qualified.  The renewal of any permit is timely made
   1-22  if not later than the date on which the application is due the
   1-23  application is mailed to the commission in an envelope with the
   1-24  proper address and postage and is received by the commission not
   1-25  later than the 10th day after the date on which it was due.
   1-26        SECTION 2.  Section 35.01, Alcoholic Beverage Code, is
   1-27  amended to read as follows:
   1-28        Sec. 35.01.  Authorized Activities.  The holder of an agent's
   1-29  permit may:
   1-30              (1)  represent permittees other than retailers within
   1-31  this state who are authorized to sell liquor to retail dealers in
   1-32  the state; and
   1-33              (2)  solicit, <and> take orders for the sale of liquor
   1-34  from authorized permittees and deliver liquor to authorized
   1-35  permittees.
   1-36        SECTION 3.  Section 206.01(a), Alcoholic Beverage Code, is
   1-37  amended to read as follows:
   1-38        (a)  A permittee who distills, rectifies, manufactures, or
   1-39  receives any liquor shall make and keep a record of each day's
   1-40  production or receipt of liquor and the amount of tax stamps
   1-41  purchased by the permittee.  A permittee other than a retailer
   1-42  shall make and keep a record of each sale of liquor and to whom the
   1-43  sale is made and such records may be stored electronically.  Each
   1-44  transaction shall be entered on the day it occurs.  Permittees
   1-45  shall make and keep any other records required by the commission.
   1-46  All required records shall be kept available for inspection by the
   1-47  commission or its authorized representatives for at least four
   1-48  years.
   1-49        SECTION 4.  Section 107.07, Alcoholic Beverage Code, is
   1-50  amended by adding Subsection (f) to read as follows:
   1-51        (f)  Any person in the business of selling alcoholic
   1-52  beverages in another state or country who ships or causes to be
   1-53  shipped any alcoholic beverage directly to any Texas resident under
   1-54  this section is in violation of this code.
   1-55        SECTION 5.  The importance of this legislation and the
   1-56  crowded condition of the calendars in both houses create an
   1-57  emergency and an imperative public necessity that the
   1-58  constitutional rule requiring bills to be read on three several
   1-59  days in each house be suspended, and this rule is hereby suspended,
   1-60  and that this Act take effect and be in force from and after its
   1-61  passage, and it is so enacted.
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