By:  Gallegos                                         S.B. No. 1283

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the timely filing of alcoholic beverage permits,

 1-2     storage of records, and the shipment of alcoholic beverages.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 11.32, Alcoholic Beverage Code, is

 1-5     amended to read as follows:

 1-6           Sec. 11.32.  Renewal Application.  Renewal applications shall

 1-7     be made under oath and shall contain all information required by

 1-8     the commission or administrator showing that the applicant is

 1-9     qualified to hold the permit.  The application shall be accompanied

1-10     by the required bond and state fee.  The commission or

1-11     administrator may issue a renewal permit if it is found that the

1-12     applicant is qualified.  The renewal of any permit is timely made

1-13     if not later than the date on which the application is due the

1-14     application is mailed to the commission in an envelope with the

1-15     proper address and postage and is received by the commission not

1-16     later than the 10th day after the date on which it was due.

1-17           SECTION 2.  Section 206.01(a), Alcoholic Beverage Code, is

1-18     amended to read as follows:

1-19           Sec. 206.01.  Records.  (A)  A permittee who distills,

1-20     rectifies, manufacturers, or receives any liquor shall make and

1-21     keep a record of each day's production or receipt of liquor and the

 2-1     amount of tax stamps purchased by the permittee.  A permittee other

 2-2     than a retailer shall make and keep a record of each sale of liquor

 2-3     and to whom the sale is made and such records may be stored

 2-4     electronically.  Each transaction shall be entered on the day it

 2-5     occurs.  Permittees shall make and keep any other records required

 2-6     by the commission.  All required records shall be kept available

 2-7     for inspection by the commission or its authorized representatives

 2-8     for at least four years.

 2-9           SECTION 3.  Section 107.07 (f), Alcoholic Beverage Code, is

2-10     amended to read as follows:

2-11           (f)  Any person in the business of selling alcoholic

2-12     beverages in another state or country who ships or causes to be

2-13     shipped any alcoholic beverage directly to any Texas resident under

2-14     this section is in violation of this code. Nothing in this

2-15     subsection shall prevent a Texas resident from importing liquor for

2-16     his personal use under the provisions of subsection (a) of this

2-17     section.

2-18           SECTION 4.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended,

2-23     and that this Act take effect and be in force from and after its

2-24     passage, and it is so enacted.