By Cuellar of Webb                               H.B. No. 251

      75R1009 BEM-D                           

                                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 may import and store beer, ale, and malt liquor in

1-10     the same county for which a manufacturer's warehouse license is in

1-11     effect for:

1-12                 (1)  storage purposes only in a wet area, as that term

1-13     is described by Section 251.71, from the holder of a nonresident

1-14     manufacturer's license or nonresident brewer's permit; and

1-15                 (2)  sale only outside the state to qualified persons.

1-16           (b)  Only holders of a carrier permit may transport beer,

1-17     ale, or malt liquor to or from the holder of a storage license.

1-18     All provisions of Chapter 41 relating to the transportation of

1-19     liquor also apply to transportation of beer, ale, or malt liquor

1-20     under this chapter.

1-21           Sec. 75.02.  RECORDS.  (a)  Each holder of a storage license

1-22     shall make and keep a daily record of each receipt of beer, ale, or

1-23     malt liquor.  Each transaction shall be recorded on the day it

1-24     occurs.  The license holder shall make and keep any other records

 2-1     that the administrator or commission requires.

 2-2           (b)  All required records shall be kept available for

 2-3     inspection by the commission or its authorized representative

 2-4     during reasonable office hours for at least four years.

 2-5           (c)  The failure to make or keep a record as required by this

 2-6     section, the making of a false entry in the record, or the failure

 2-7     to make an entry as required by this section is a violation of this

 2-8     code.

 2-9           Sec. 75.03.  PREMISES.  The holder of a storage license may

2-10     not share the location or business with another holder of a license

2-11     issued under this code.  Designation of a portion of a building,

2-12     grounds, or appurtenances for exclusion under Section 11.49(b) is

2-13     not available to the holder of a storage license.

2-14           Sec. 75.04.  FEE.  The annual fee for a storage license is

2-15     $200.

2-16           Sec. 75.05.  LICENSING.   The licensing provisions of Chapter

2-17     61, except Sections 61.42(a)(5) and (8), apply to storage licenses.

2-18     The commission or administrator may suspend for not more than 60

2-19     days or cancel an original or renewal storage license if the

2-20     commission or administrator determines, after notice and hearing,

2-21     that the license holder violated a provision of this code or a rule

2-22     of the commission during the existence of the license or during the

2-23     immediately preceding license period.

2-24           SECTION 2.  Section 61.31(a), Alcoholic Beverage Code, is

2-25     amended to read as follows:

2-26           (a)  A person may file an application for a license to

2-27     manufacture, distribute, store, or sell beer in termtime or

 3-1     vacation with the county judge of the county in which he desires to

 3-2     conduct business.  He shall file the application in duplicate.

 3-3           SECTION 3.  This Act takes effect September 1, 1997.

 3-4           SECTION 4.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.