By Mowery H.B. No. 1157
76R5154 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the personal use of certain alcoholic beverages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 28.01, Alcoholic Beverage Code, is
1-5 amended by amending Subsection (c) and adding Subsection (d) to
1-6 read as follows:
1-7 (c) The holder of a mixed beverage permit may also:
1-8 (1) purchase wine, beer, ale, and malt liquor
1-9 containing alcohol of not more than 21 percent by volume in
1-10 containers of any legal size from any permittee or licensee
1-11 authorized to sell those beverages for resale; [and]
1-12 (2) sell the wine, beer, ale, and malt liquor for
1-13 consumption on the licensed premises;
1-14 (3) allow an individual to possess and consume on the
1-15 licensed premises wine purchased by the individual off the licensed
1-16 premises; and
1-17 (4) charge a corkage fee for wine consumed under
1-18 Subdivision (3).
1-19 (d) The commission may adopt rules to implement this
1-20 section.
1-21 SECTION 2. Section 28.06(a), Alcoholic Beverage Code, is
1-22 amended to read as follows:
1-23 (a) Except as provided by this chapter, no [No] holder of a
1-24 mixed beverage permit, nor any officer, agent, or employee of a
2-1 holder, may possess or permit to be possessed on the premises for
2-2 which the permit is issued any alcoholic beverage which is not
2-3 covered by an invoice from the supplier from whom the alcoholic
2-4 beverage was purchased.
2-5 SECTION 3. Section 32.01, Alcoholic Beverage Code, is
2-6 amended by adding Subsections (c) and (d) to read as follows:
2-7 (c) The holder of a private club registration permit may
2-8 also:
2-9 (1) allow a member of the club or a family member or
2-10 guest of the club member to possess and consume on the licensed
2-11 premises wine purchased by the member off the licensed premises;
2-12 and
2-13 (2) charge a corkage fee for wine consumed under
2-14 Subdivision (1).
2-15 (d) The commission may adopt rules to implement this
2-16 section.
2-17 SECTION 4. This Act takes effect September 1, 1999.
2-18 SECTION 5. 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.