By: Henderson S.B. No. 1104
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the timely filing of alcoholic beverage permits, the
1-2 delivery of liquor, the storage of certain alcoholic beverage
1-3 records, and the shipment of alcoholic beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.32, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 11.32. Renewal Application. Renewal applications shall
1-8 be made under oath and shall contain all information required by
1-9 the commission or administrator showing that the applicant is
1-10 qualified to hold the permit. The application shall be accompanied
1-11 by the required bond and state fee. The commission or
1-12 administrator may issue a renewal permit if it is found that the
1-13 applicant is qualified. The renewal of any permit is timely made
1-14 if not later than the date on which the application is due the
1-15 application is mailed to the commission in an envelope with the
1-16 proper address and postage and is received by the commission not
1-17 later than the 10th day after the date on which it was due.
1-18 SECTION 2. Section 35.01, Alcoholic Beverage Code, is
1-19 amended to read as follows:
1-20 Sec. 35.01. Authorized Activities. The holder of an agent's
1-21 permit may:
1-22 (1) represent permittees other than retailers within
1-23 the state who are authorized to sell liquor to retail dealers in
2-1 the state; and
2-2 (2) solicit, <and> take orders for the sale of liquor
2-3 from authorized permittees and deliver liquor to authorized
2-4 permittees.
2-5 SECTION 3. Section 201.01(a), Alcoholic Beverage Code, is
2-6 amended to read as follows:
2-7 (a) A permittee who distills, rectifies, manufacturers, or
2-8 receives any liquor shall make and deep a record of each day's
2-9 production or receipt of liquor and the amount of tax stamps
2-10 purchased by the permittee. A permittee other than a retailer
2-11 shall make and keep a record of such sale of liquor and to whom the
2-12 sale is made and such records may be stored electronically. Each
2-13 transaction shall be entered on the day it occurs. Permittees
2-14 shall make and keep any other records required by the commission.
2-15 All required records shall be kept available for inspection by the
2-16 commission or its authorized representatives for at least four
2-17 years.
2-18 SECTION 4. Amend Section 107.07., Alcoholic Beverage Code,
2-19 by adding a new subsection (f) to read as follows:
2-20 (f) Any person in the business of selling alcoholic
2-21 beverages in another state or country who ships or causes to be
2-22 shipped any alcoholic beverage directly to any Texas resident under
2-23 this section is in violation of this code.
2-24 SECTION 5. 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.