By Haggerty H.B. No. 2806
75R7198 BEM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transportation of alcoholic beverages by certain
1-3 permit holders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.34(a), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (a) An applicant for a wholesaler's, class B wholesaler's,
1-8 distiller's and rectifier's, brewer's, or winery permit may
1-9 consolidate in a single application an [his] application for that
1-10 permit and an [his] application for:
1-11 (1) private storage;
1-12 (2) storage in a public bonded warehouse; and
1-13 (3) [a private carrier's permit; and]
1-14 [(4)] any other permit the applicant [he] is qualified
1-15 to receive.
1-16 SECTION 2. Section 11.38(d), Alcoholic Beverage Code, is
1-17 amended to read as follows:
1-18 (d) The following are exempt from the fee authorized in this
1-19 section:
1-20 (1) agent's, airline beverage, passenger train
1-21 beverage, industrial, carrier's, [private carrier's,] private club
1-22 registration, local cartage, storage, and temporary wine and beer
1-23 retailer's permits;
1-24 (2) a wine and beer retailer's permit issued for a
2-1 dining, buffet, or club car; and
2-2 (3) a mixed beverage permit during the three-year
2-3 period following the issuance of the permit.
2-4 SECTION 3. Section 11.40, Alcoholic Beverage Code, is
2-5 amended to read as follows:
2-6 Sec. 11.40. NOTICE TO COUNTY JUDGE. The commission shall
2-7 give notice of all permit applications to the county judge of the
2-8 county in which the applicant's place of business is located,
2-9 unless the county judge waives the required notice in writing.
2-10 Notice is not required in the case of an application for a wine and
2-11 beer retailer's, wine and beer retailer's off-premise, temporary
2-12 wine and beer retailer's, carrier's, [private carrier's,] airline
2-13 beverage, industrial, agent's, manufacturer's agent's, bonded
2-14 warehouse, or storage permit.
2-15 SECTION 4. Section 12.02, Alcoholic Beverage Code, is
2-16 amended to read as follows:
2-17 Sec. 12.02. FEE. The annual state fee for a brewer's permit
2-18 is $1,530 [$1,500].
2-19 SECTION 5. Chapter 12, Alcoholic Beverage Code, is amended
2-20 by adding Sections 12.06, 12.07, 12.08, and 12.09 to read as
2-21 follows:
2-22 Sec. 12.06. TRANSPORTATION OF ALE OR MALT LIQUOR. (a) The
2-23 holder of a brewer's permit may transport malt liquor from the
2-24 place of purchase to the permit holder's place of business and from
2-25 the place of sale or distribution to the purchaser in vehicles
2-26 owned or leased in good faith by the holder.
2-27 (b) The holder of a brewer's permit may transport malt
3-1 liquor from one wet area to another wet area across a dry area if
3-2 that route is necessary or convenient.
3-3 Sec. 12.07. CONSENT TO VEHICLE INSPECTION. A vehicle used
3-4 by a permit holder for the transportation of malt liquor must be
3-5 available for inspection by commission personnel on request.
3-6 Sec. 12.08. DESIGNATION OF VEHICLES. Each vehicle used for
3-7 the transportation of malt liquor within this state must be
3-8 designated on the exterior of the vehicle as required by the
3-9 commission.
3-10 Sec. 12.09. STATEMENT OF INTENTION. Each applicant for a
3-11 brewer's permit must state in the application whether the applicant
3-12 intends to transport malt liquor under the authority of the permit
3-13 in vehicles owned or leased in good faith by the applicant.
3-14 SECTION 6. Section 14.02, Alcoholic Beverage Code, is
3-15 amended to read as follows:
3-16 Sec. 14.02. FEE. The annual state fee for a distiller's and
3-17 rectifier's permit is $1,530 [$1,500].
3-18 SECTION 7. Chapter 14, Alcoholic Beverage Code, is amended
3-19 by adding Sections 14.04, 14.05, 14.06, and 14.07 to read as
3-20 follows:
3-21 Sec. 14.04. TRANSPORTATION OF LIQUOR. (a) The holder of a
3-22 distiller's and rectifier's permit may transport liquor from the
3-23 place of purchase to the permit holder's place of business and from
3-24 the place of sale or distribution to the purchaser in vehicles
3-25 owned or leased in good faith by the holder.
3-26 (b) The holder of a distiller's and rectifier's permit may
3-27 transport liquor from one wet area to another wet area across a dry
4-1 area if that route is necessary or convenient.
4-2 Sec. 14.05. CONSENT TO VEHICLE INSPECTION. A vehicle used
4-3 by the holder of a distiller's and rectifier's permit for the
4-4 transportation of liquor must be available for inspection by
4-5 commission personnel on request.
4-6 Sec. 14.06. DESIGNATION OF VEHICLES. Each vehicle used for
4-7 the transportation of liquor within this state must be designated
4-8 on the exterior of the vehicle as required by the commission.
4-9 Sec. 14.07. STATEMENT OF INTENTION. Each applicant for a
4-10 distiller's and rectifier's permit must state in the application
4-11 whether the applicant intends to transport liquor under the
4-12 authority of the permit in vehicles owned or leased in good faith
4-13 by the applicant.
4-14 SECTION 8. Section 16.02, Alcoholic Beverage Code, is
4-15 amended to read as follows:
4-16 Sec. 16.02. FEE. The annual state fee for a winery permit
4-17 is $105 [$75].
4-18 SECTION 9. Chapter 16, Alcoholic Beverage Code, is amended
4-19 by adding Sections 16.07 and 16.08 to read as follows:
4-20 Sec. 16.07. TRANSPORTATION OF WINE. (a) The holder of a
4-21 winery permit may transport wine from the place of purchase to the
4-22 permit holder's place of business and from the place of sale or
4-23 distribution to the purchaser in vehicles owned or leased in good
4-24 faith by the holder.
4-25 (b) The holder of a winery permit may transport wine from
4-26 one wet area to another wet area across a dry area if that route is
4-27 necessary or convenient.
5-1 Sec. 16.08. CONSENT TO VEHICLE INSPECTION. A vehicle used
5-2 by the permit holder for the transportation of wine must be
5-3 available for inspection by commission personnel on request.
5-4 SECTION 10. Section 18.02, Alcoholic Beverage Code, is
5-5 amended to read as follows:
5-6 Sec. 18.02. FEE. The annual state fee for a wine bottler's
5-7 permit is $255 [$225].
5-8 SECTION 11. Chapter 18, Alcoholic Beverage Code, is amended
5-9 by adding Sections 18.04, 18.05, 18.06, and 18.07 to read as
5-10 follows:
5-11 Sec. 18.04. TRANSPORTATION OF WINE. (a) The holder of a
5-12 wine bottler's permit may transport wine from the place of purchase
5-13 to the permit holder's place of business and from the place of sale
5-14 or distribution to the purchaser in vehicles owned or leased in
5-15 good faith by the holder.
5-16 (b) The holder of a wine bottler's permit may transport wine
5-17 from one wet area to another wet area across a dry area if that
5-18 route is necessary or convenient.
5-19 Sec. 18.05. CONSENT TO VEHICLE INSPECTION. A vehicle used
5-20 by the permit holder for the transportation of wine must be
5-21 available for inspection by commission personnel on request.
5-22 Sec. 18.06. DESIGNATION OF VEHICLES. Each vehicle used for
5-23 the transportation of wine within the state must be designated on
5-24 the exterior of the vehicle as required by the commission.
5-25 Sec. 18.07. STATEMENT OF INTENTION. Each applicant for a
5-26 wine bottler's permit must state in the application whether the
5-27 applicant intends to transport wine under the authority of the
6-1 permit in vehicles owned or leased in good faith by the applicant.
6-2 SECTION 12. Section 19.02, Alcoholic Beverage Code, is
6-3 amended to read as follows:
6-4 Sec. 19.02. FEE. The annual state fee for a wholesaler's
6-5 permit is $1,905 [$1,875].
6-6 SECTION 13. Chapter 19, Alcoholic Beverage Code, is amended
6-7 by adding Sections 19.05, 19.06, 19.07, and 19.08 to read as
6-8 follows:
6-9 Sec. 19.05. TRANSPORTATION OF LIQUOR. (a) The holder of a
6-10 wholesaler's permit may transport liquor from the place of purchase
6-11 to the permit holder's place of business and from the place of sale
6-12 or distribution to the purchaser in vehicles owned or leased in
6-13 good faith by the holder.
6-14 (b) The holder of a wholesaler's permit may transport liquor
6-15 from one wet area to another wet area across a dry area if that
6-16 route is necessary or convenient.
6-17 Sec. 19.06. CONSENT TO VEHICLE INSPECTION. A vehicle used
6-18 by the permit holder for the transportation of liquor must be
6-19 available for inspection by commission personnel on request.
6-20 Sec. 19.07. DESIGNATION OF VEHICLES. Each vehicle used for
6-21 the transportation of liquor within this state must be designated
6-22 on the exterior of the vehicle as required by the commission.
6-23 Sec. 19.08. STATEMENT OF INTENTION. Each applicant for a
6-24 wholesaler's permit must state in the application whether the
6-25 applicant intends to transport liquor under the authority of the
6-26 permit in vehicles owned or leased in good faith by the applicant.
6-27 SECTION 14. Section 20.02, Alcoholic Beverage Code, is
7-1 amended to read as follows:
7-2 Sec. 20.02. FEE. The annual state fee for a general class B
7-3 wholesaler's permit is $330 [$300].
7-4 SECTION 15. Chapter 20, Alcoholic Beverage Code, is amended
7-5 by adding Sections 20.03, 20.04, 20.05, and 20.06 to read as
7-6 follows:
7-7 Sec. 20.03. TRANSPORTATION OF WINE AND MALT LIQUOR. (a)
7-8 The holder of a general class B wholesaler's permit may transport
7-9 wine and malt liquor from the place of purchase to the permit
7-10 holder's place of business and from the place of sale or
7-11 distribution to the purchaser in vehicles owned or leased in good
7-12 faith by the holder.
7-13 (b) The holder of a general class B wholesaler's permit may
7-14 transport wine and malt liquor from one wet area to another wet
7-15 area across a dry area if that route is necessary or convenient.
7-16 (c) The commission may establish rules prescribing the
7-17 manner in which wine and malt liquor may be transported in the
7-18 state by the holder of a general class B wholesaler's permit.
7-19 Sec. 20.04. CONSENT TO VEHICLE INSPECTION. A vehicle used
7-20 by a permit holder for the transportation of wine and malt liquor
7-21 must be available for inspection by commission personnel on
7-22 request.
7-23 Sec. 20.05. DESIGNATION OF VEHICLES. Each vehicle used for
7-24 the transportation of wine and malt liquor within the state must be
7-25 designated on the exterior of the vehicle as required by the
7-26 commission.
7-27 Sec. 20.06. STATEMENT OF INTENTION. Each applicant for a
8-1 general class B wholesaler's permit must state in the application
8-2 whether the applicant intends to transport wine and malt liquor
8-3 under the authority of the permit in vehicles owned or leased in
8-4 good faith by the applicant.
8-5 SECTION 16. Section 21.02, Alcoholic Beverage Code, is
8-6 amended to read as follows:
8-7 Sec. 21.02. FEE. The annual state fee for a local class B
8-8 wholesaler's permit is $105 [$75].
8-9 SECTION 17. Chapter 21, Alcoholic Beverage Code, is amended
8-10 by adding Sections 21.03, 21.04, 21.05, and 21.06 to read as
8-11 follows:
8-12 Sec. 21.03. TRANSPORTATION OF WINE AND MALT LIQUOR. (a)
8-13 The holder of a local class B wholesaler's permit may transport
8-14 wine and malt liquor from the place of purchase to the permit
8-15 holder's place of business and from the place of sale or
8-16 distribution to the purchaser in vehicles owned or leased in good
8-17 faith by the holder.
8-18 (b) The holder of a local class B wholesaler's permit may
8-19 transport wine and malt liquor from one wet area to another wet
8-20 area across a dry area if that route is necessary or convenient.
8-21 (c) The commission may establish rules prescribing the
8-22 manner in which wine and malt liquor may be transported in the
8-23 state by a local class B wholesaler's permit holder.
8-24 Sec. 21.04. CONSENT TO VEHICLE INSPECTION. A vehicle used
8-25 by the permit holder for the transportation of wine and malt liquor
8-26 must be available for inspection by commission personnel on
8-27 request.
9-1 Sec. 21.05. DESIGNATION OF VEHICLES. Each vehicle used for
9-2 the transportation of wine and malt liquor within the state must be
9-3 designated on the exterior of the vehicle as required by the
9-4 commission.
9-5 Sec. 21.06. STATEMENT OF INTENTION. Each applicant for a
9-6 local class B wholesaler's permit must state in the application
9-7 whether the applicant intends to transport wine and malt liquor
9-8 under the authority of the permit in vehicles owned or leased in
9-9 good faith by the applicant.
9-10 SECTION 18. Sections 64.07(b) and (c), Alcoholic Beverage
9-11 Code, are amended to read as follows:
9-12 (b) If delivery vehicles are shared by any number of
9-13 distributors who also hold any class of wholesaler's permits,
9-14 liquor or beer may be transported, and compliance with the
9-15 provisions of the motor carrier laws when engaging in the business
9-16 of transporting liquor for hire is not required. [The provisions
9-17 of Section 42.03 of this code do not apply and no distributor or
9-18 wholesaler shall be required to obtain the certificate or permit
9-19 described by that section to share a delivery vehicle for the
9-20 transportation of liquor or beer.]
9-21 [(c) The provisions of Subsections (a) and (b) of this
9-22 section that relate to shared delivery vehicles apply only to those
9-23 general, local, or branch distributors who hold a territorial
9-24 designation from a manufacturer under Section 102.51 of this code.]
9-25 SECTION 19. Chapter 42, Alcoholic Beverage Code, is
9-26 repealed.
9-27 SECTION 20. This Act takes effect September 1, 1997.
10-1 SECTION 21. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 days in each house be suspended, and this rule is hereby suspended.