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. 2-8 * * * * *