1-1  By:  Cain                                              S.B. No. 686
    1-2        (In the Senate - Filed February 21, 1995; February 22, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  April 4, 1995, reported favorably by the following vote:  Yeas 13,
    1-5  Nays 0; April 4, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the administration of the alcoholic beverage tax stamp
    1-9  program.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 201.74, Alcoholic Beverage Code, is
   1-12  amended to read as follows:
   1-13        Sec. 201.74.  OPERATION OF TAX STAMP PROGRAM <STATE
   1-14  TREASURER>.  (a)  The commission <state treasurer> is responsible
   1-15  for the custody and sale of tax stamps and for the proceeds of the
   1-16  sales <under his official bond>.
   1-17        (b)  The commission may <treasurer shall> sell tax stamps
   1-18  only to a person <qualified persons> designated by the commission
   1-19  <and to no other person>.
   1-20        (c)  The commission <treasurer> may designate any state or
   1-21  national bank in this state as its <his> agent to deliver and
   1-22  collect for any tax stamps and to remit the sale proceeds to it
   1-23  <him>.
   1-24        (d)  Invoices for tax stamps shall be issued by the
   1-25  commission <treasurer> in duplicate <triplicate> and numbered
   1-26  consecutively.  The original of the invoice shall be forwarded to
   1-27  the purchaser or to the person in whose care it may be sent for the
   1-28  benefit of a qualified purchaser.  The second copy shall be kept by
   1-29  the commission <transmitted to the commission daily and accompanied
   1-30  by those statements required by the commission.  The third copy
   1-31  shall be retained by the treasurer>.
   1-32        (e)  The commission <treasurer> shall <make and> keep a
   1-33  permanent record of all tax stamps received and <by him as well as
   1-34  all tax stamps> sold.  This record shall provide a perpetual
   1-35  inventory of all tax stamps and their disposition.  <The record
   1-36  must be available at all times to the commission or its authorized
   1-37  representatives.>
   1-38        SECTION 2.  Section 201.75, Alcoholic Beverage Code, is
   1-39  amended to read as follows:
   1-40        Sec. 201.75.  Delivery of Stamps.  The commission shall
   1-41  prescribe the manner in which tax stamps are delivered to <by the
   1-42  state treasurer to the commission for use and sale by> its
   1-43  inspectors in charge of ports of entry.
   1-44        SECTION 3.  Subsection (b), Section 201.76, Alcoholic
   1-45  Beverage Code, is amended to read as follows:
   1-46        (b)  To obtain a refund under this section, it must be shown
   1-47  that the tax stamps for which a refund is asked were purchased from
   1-48  the commission <state treasurer> and that the refund is made to a
   1-49  person authorized to purchase tax stamps from the commission
   1-50  <treasurer>.  No other refunds for tax stamps are allowed.
   1-51        SECTION 4.  (a)  This Act takes effect September 1, 1995, and
   1-52  applies only to the distribution and sale of alcoholic beverage tax
   1-53  stamps distributed, sold, or refunded on or after September 1,
   1-54  1995.  An alcoholic beverage tax stamp sold or distributed before
   1-55  September 1, 1995, is governed by the law as it existed immediately
   1-56  before the effective date of this Act, and that law is continued in
   1-57  effect for that purpose.
   1-58        (b)  The property and records in the custody of the state
   1-59  treasurer used in administering the treasurer's duties relating to
   1-60  the custody, sale, or refund of tax stamps on September 1, 1995,
   1-61  are transferred to the Texas Alcoholic Beverage Commission.
   1-62        SECTION 5.  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.
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