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.