Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Torres H.B. No. 2552
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the timely filing of alcoholic beverage permits,
1-3 storage of records, and the shipment of alcoholic beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.32, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 11.32. Renewal Application. Renewal applications shall
1-8 be made under oath and shall contain all information required by
1-9 the commission or administrator showing that the applicant is
1-10 qualified to hold the permit. The application shall be accompanied
1-11 by the required bond and state fee. The commission or
1-12 administrator may issue a renewal permit if it is found that the
1-13 applicant is qualified. The renewal of any permit is timely made
1-14 if not later than the date on which the application is due the
1-15 application is mailed to the commission in an envelope with the
1-16 proper address and postage and is received by the commission not
1-17 later than the 10th day after the date on which it was due.
1-18 SECTION 2. Section 206.01(a), Alcoholic Beverage Code, is
1-19 amended to read as follows:
1-20 Sec. 206.01. Records. (A) A permittee who distills,
1-21 rectifies, manufacturers, or receives any liquor shall make and
1-22 keep a record of each day's production or receipt of liquor and the
1-23 amount of tax stamps purchased by the permittee. A permittee other
1-24 than a retailer shall make and keep a record of each sale of liquor
2-1 and to whom the sale is made and such records may be stored
2-2 electronically. Each transaction shall be entered on the day it
2-3 occurs. Permittees shall make and keep any other records required
2-4 by the commission. All required records shall be kept available
2-5 for inspection by the commission or its authorized representatives
2-6 for at least four years.
2-7 SECTION 3. Section 107.07 (f), Alcoholic Beverage Code, is
2-8 amended to read as follows:
2-9 (f) Any person in the business of selling alcoholic
2-10 beverages in another state or country who ships or causes to be
2-11 shipped any alcoholic beverage directly to any Texas resident under
2-12 this section is in violation of this code. Nothing in this
2-13 subsection shall prevent a Texas resident from importing liquor for
2-14 his personal use under the provisions of subsection (a) of this
2-15 section.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.