By Kubiak H.B. No. 3442
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fee for a wholesaler's permit and the creation of a
1-3 branch wholesaler's permit.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 19.02, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 19.02. FEE. The annual state fee for a wholesaler's
1-8 permit is $[1,875] 7,500.
1-9 SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is
1-10 amended by adding a Chapter 53 to read as follows:
1-11 CHAPTER 53. BRANCH WHOLESALER'S PERMIT
1-12 Sec. 53.01. AUTHORIZED ACTIVITIES. The holder of a branch
1-13 wholesaler's permit may engage in the same activities as a holder
1-14 of a wholesaler's permit.
1-15 Sec. 53.02. FEE. The annual state fee for a branch
1-16 wholesaler's permit is $1,875.
1-17 Sec. 53.03. ISSUANCE OF PERMIT. A branch wholesaler's
1-18 permit may be issued only to the holder of a wholesaler's permit.
1-19 Sec. 53.04. PERSONS INELIGIBLE FOR PERMIT. A branch
1-20 wholesaler's permit may not be issued to a person who holds a
1-21 package store permit, a wine only package store permit or a local
1-22 distributor's permit.
2-1 Sec. 53.05. EXPIRATION OF PERMIT. A branch wholesaler's
2-2 permit expires at the same time as the holder's wholesaler's
2-3 permit.
2-4 Sec. 53.06. RECORDS. (a) The holder of a branch
2-5 wholesaler's permit may apply to the administrator for permission
2-6 to maintain required records at the premises of the holder of the
2-7 wholesaler's permit for that branch wholesaler's permittee. If, in
2-8 the judgment of the administrator, the permittee is deemed
2-9 qualified, the administrator in writing may grant the application.
2-10 If the administrator denies the application, he shall do so in
2-11 writing and must base his denial on one of the grounds specified in
2-12 Section 11.61 of this code or any other valid reason.
2-13 (b) In making a determination as to the qualifications of
2-14 the holder of a branch wholesaler's permittee to maintain required
2-15 records at another premises, the administrator shall consider the
2-16 wholesaler's past record of compliance with the provisions of this
2-17 code and the wholesaler's history of filing timely and correct
2-18 reports to the commission.
2-19 Sec. 53.07. DELIVERY TRUCKS. The holder of a branch
2-20 wholesaler's permit may transport liquor under the provisions of
2-21 Chapter 42 of this code.
2-22 Sec. 52.08. PROMOTIONAL ACTIVITIES. The holder of a branch
2-23 wholesaler's permit or his agent may enter the licensed premises of
2-24 a mixed beverage permittee or private club registration permittee
2-25 to determine the brands offered for sale and suggest or promote the
2-26 sale of other brands, to the extent authorized by Section 102.07 of
2-27 this code. The holder or his agent may not accept a direct order
3-1 from a mixed beverage permittee except for wine or malt liquor.
3-2 Sec. 53.09. MINIATURE CONTAINERS. In addition to other
3-3 authorized containers, a branch wholesaler's permittee may import,
3-4 sell, offer for sale, and possess for the purpose of resale
3-5 distilled spirits, wine, and vinous liquors in containers of not
3-6 less than one ounce nor more than two ounces. Liquor in containers
3-7 of that size may be sold to:
3-8 (1) package store permittees for resale to airline
3-9 beverage permittees, as provided in Section 34.05 of this code; and
3-10 (2) local distributor's permittees.
3-11 SECTION 3. Section 42.01, Alcoholic Beverage Code, is
3-12 amended to read as follows:
3-13 Sec. 42.01. Authorized Activities. (a) The holder of a
3-14 private carrier permit who is also a holder of a brewer's,
3-15 distiller's and rectifier's, winery, wholesaler's, branch
3-16 wholesaler's, class B wholesaler's, or wine bottler's permit may
3-17 transport liquor from the place of purchase to his place of
3-18 business and from the place of sale or distribution to the
3-19 purchaser in vehicles owned or leased in good faith by the holder
3-20 if the transportation is for a lawful purpose.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.