1-1     By:  Cuellar (Senate Sponsor - Gallegos)               H.B. No. 251

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 16, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; May 16, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 251                 By:  Gallegos

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to creating a license for the storage of imported beer,

1-11     ale, and malt liquor.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subtitle B, Title 3, Alcoholic Beverage Code, is

1-14     amended by adding Chapter 75 to read as follows:

1-15                        CHAPTER 75.  STORAGE LICENSE

1-16           Sec. 75.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a

1-17     storage license who also holds a custom broker's license issued

1-18     under 19 U.S.C. Section 1641(b) may import and store beer, ale, and

1-19     malt liquor in a county with a population of 200,000 or less that

1-20     borders the United Mexican States for:

1-21                 (1)  storage purposes only in a wet area, as that term

1-22     is described by Section 251.71, from the holder of a nonresident

1-23     manufacturer's license or nonresident brewer's permit whose

1-24     manufacturing premises are located in the United Mexican States;

1-25     and

1-26                 (2)  transfer to qualified persons located in the

1-27     United States outside of this state.

1-28           (b)  Only holders of a carrier permit may transport beer,

1-29     ale, or malt liquor to or from the holder of a storage license.

1-30     All provisions of Chapter 41 relating to the transportation of

1-31     liquor also apply to transportation of beer, ale, or malt liquor

1-32     under this chapter.

1-33           Sec. 75.02.  RECORDS.  (a)  Each holder of a storage license

1-34     shall make and keep a daily record of each receipt of beer, ale, or

1-35     malt liquor.  Each transaction shall be recorded on the day it

1-36     occurs.  The license holder shall make and keep any other records

1-37     that the administrator or commission requires.

1-38           (b)  All required records shall be kept available for

1-39     inspection by the commission or its authorized representative

1-40     during reasonable office hours for at least four years.

1-41           (c)  The failure to make or keep a record as required by this

1-42     section, the making of a false entry in the record, or the failure

1-43     to make an entry as required by this section is a violation of this

1-44     code.

1-45           Sec. 75.03.  PREMISES.  The holder of a storage license may

1-46     not share the location or business with another holder of a license

1-47     or permit issued under this code.  Designation of a portion of a

1-48     building, grounds, or appurtenances for exclusion under Section

1-49     11.49(b) is not available to the holder of a storage license.

1-50           Sec. 75.04.  FEE.  The annual fee for a storage license is

1-51     $200.

1-52           Sec. 75.05.  LICENSING.   The licensing provisions of Chapter

1-53     61 apply to storage licenses.  The commission or administrator may

1-54     suspend for not more than 60 days or cancel an original or renewal

1-55     storage license if the commission or administrator determines,

1-56     after notice and hearing, that the license holder violated a

1-57     provision of this code or a rule of the commission during the

1-58     existence of the license or during the immediately preceding

1-59     license period.

1-60           SECTION 2.  Section 61.31(a), Alcoholic Beverage Code, is

1-61     amended to read as follows:

1-62           (a)  A person may file an application for a license to

1-63     manufacture, distribute, store, or sell beer in termtime or

1-64     vacation with the county judge of the county in which he desires to

 2-1     conduct business.  He shall file the application in duplicate.

 2-2           SECTION 3.  This Act takes effect September 1, 1997.

 2-3           SECTION 4.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.

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