1-1 AN ACT 1-2 relating to creating a license for the storage of imported beer, 1-3 ale, and malt liquor. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 3, Alcoholic Beverage Code, is 1-6 amended by adding Chapter 75 to read as follows: 1-7 CHAPTER 75. STORAGE LICENSE 1-8 Sec. 75.01. AUTHORIZED ACTIVITIES. (a) The holder of a 1-9 storage license who also holds a customs broker's license issued 1-10 under 19 U.S.C. Section 1641(b) may import and store beer, ale, 1-11 and malt liquor in a county with a population of 200,000 or less 1-12 that borders the United Mexican States for: 1-13 (1) storage purposes only in a wet area, as that term 1-14 is described by Section 251.71, from the holder of a nonresident 1-15 manufacturer's license or nonresident brewer's permit whose 1-16 manufacturing premises are located in the United Mexican States; 1-17 and 1-18 (2) transfer to qualified persons located in the 1-19 United States outside of this state. 1-20 (b) Only holders of a carrier permit may transport beer, 1-21 ale, or malt liquor to or from the holder of a storage license. 1-22 All provisions of Chapter 41 relating to the transportation of 1-23 liquor also apply to transportation of beer, ale, or malt liquor 1-24 under this chapter. 2-1 Sec. 75.02. RECORDS. (a) Each holder of a storage license 2-2 shall make and keep a daily record of each receipt of beer, ale, or 2-3 malt liquor. Each transaction shall be recorded on the day it 2-4 occurs. The license holder shall make and keep any other records 2-5 that the administrator or commission requires. 2-6 (b) All required records shall be kept available for 2-7 inspection by the commission or its authorized representative 2-8 during reasonable office hours for at least four years. 2-9 (c) The failure to make or keep a record as required by this 2-10 section, the making of a false entry in the record, or the failure 2-11 to make an entry as required by this section is a violation of this 2-12 code. 2-13 Sec. 75.03. PREMISES. The holder of a storage license may 2-14 not share the location or business with another holder of a license 2-15 or permit issued under this code. Designation of a portion of a 2-16 building, grounds, or appurtenances for exclusion under Section 2-17 11.49(b) is not available to the holder of a storage license. 2-18 Sec. 75.04. FEE. The annual fee for a storage license is 2-19 $200. 2-20 Sec. 75.05. LICENSING. The licensing provisions of Chapter 2-21 61 apply to storage licenses. The commission or administrator may 2-22 suspend for not more than 60 days or cancel an original or renewal 2-23 storage license if the commission or administrator determines, 2-24 after notice and hearing, that the license holder violated a 2-25 provision of this code or a rule of the commission during the 2-26 existence of the license or during the immediately preceding 2-27 license period. 3-1 SECTION 2. Section 61.31(a), Alcoholic Beverage Code, is 3-2 amended to read as follows: 3-3 (a) A person may file an application for a license to 3-4 manufacture, distribute, store, or sell beer in termtime or 3-5 vacation with the county judge of the county in which he desires to 3-6 conduct business. He shall file the application in duplicate. 3-7 SECTION 3. This Act takes effect September 1, 1997. 3-8 SECTION 4. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 251 was passed by the House on April 18, 1997, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 251 on May 28, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 251 was passed by the Senate, with amendments, on May 26, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor