SRC-TNM H.B. 251 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 251
By: Cuellar (Gallegos)
State Affairs
5-4-97
Engrossed


DIGEST 

Currently, Texas law prohibits distributors of imported beer, ale, and
malt liquor from storing these products in Texas when they are to be sold
out of state.  This situation renders importing these goods from Mexico
for sale in states other than Texas less than efficient.  H.B. 251 would
create a liquor license for the storage of imported beer, ale, and malt
liquor. 
 
PURPOSE

As proposed, H.B. 251 outlines provisions regarding creating a license for
the storage of imported beer, ale, and malt liquor. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3B, Alcoholic Beverage Code, by adding Chapter 75,
as follows: 

CHAPTER 75. STORAGE LICENSE

Sec. 75.01. AUTHORIZED ACTIVITIES. Sets forth instances in which the
holder of a storage license who also holds a custom broker's license
issued under 19 U.S.C. Section 1641(b) is authorized to import and store
beer, ale, and malt liquor in a county with a population of 200,000 or
less that borders the United Mexican States.  Authorizes only holders of a
carrier permit to transport beer, ale, or malt liquor to or from the
holder of a storage license.  Provides that all provisions of liquor also
apply to transportation of beer, ale, or malt liquor under this chapter. 

Sec. 75.02. RECORDS. Sets forth requirements and provisions regarding the
establishment and maintenance of records. 

Sec. 75.03. PREMISES. Prohibits the holder of a storage license from
sharing the location or business with another holder of a license or
permit issued under this code.  Provides that designation of a portion of
a building, grounds, or appurtenances for exclusion under Section 11.49(b)
is not available to the holder of a storage license. 

Sec. 75.04. FEE. Provides that the annual fee for a storage license is
$200. 

Sec. 75.05. LICENSING. Outlines provisions regarding licensing.

SECTION 2. Amends Section 61.31(a), Alcoholic Beverage Code, to authorize
a person to file an application for a license to manufacture, distribute,
store, or sell beer in termtime or vacation with the county judge of the
county in which the person desires to conduct business. 




 SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.