75R9162 BEM-D
By Cuellar H.B. No. 251
Substitute the following for H.B. No. 251:
By Yarbrough C.S.H.B. No. 251
A BILL TO BE ENTITLED
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 custom broker's license issued
1-10 under 19 U.S.C. Section 1641(b) may import and store beer, ale, and
1-11 malt liquor in a county with a population of 200,000 or less that
1-12 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, except Sections 61.42(a)(5) and (8), apply to storage licenses.
2-22 The commission or administrator may suspend for not more than 60
2-23 days or cancel an original or renewal storage license if the
2-24 commission or administrator determines, after notice and hearing,
2-25 that the license holder violated a provision of this code or a rule
2-26 of the commission during the existence of the license or during the
2-27 immediately preceding 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.