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.