76R12996 AJA-D
By Cain S.B. No. 1102
Substitute the following for S.B. No. 1102:
By Moreno of Harris C.S.S.B. No. 1102
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the permissible concentration of alcohol in certain
1-3 beverages sold or held by persons permitted to sell such beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 24.07, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 24.07. WHEN LICENSE ALSO HELD: HOURS OF SALE, ETC. A
1-8 holder of a wine only package store permit who also holds a retail
1-9 dealer's off-premise license for the same location may remain open
1-10 and sell ale, wine, vinous liquors, and beer, for off-premises
1-11 consumption only, on any day and during the same hours that the
1-12 holder of a wine and beer retailer's permit may sell ale, beer, and
1-13 wine, except that he may not sell wine or vinous liquor containing
1-14 more than 17 [14] percent alcohol by volume on a Sunday or after 10
1-15 p.m. on any day.
1-16 SECTION 2. Section 25.01, Alcoholic Beverage Code, is
1-17 amended to read as follows:
1-18 Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
1-19 beer retailer's permit may sell:
1-20 (1) for consumption on or off the premises where sold,
1-21 but not for resale, wine, beer, and malt liquors containing alcohol
1-22 in excess of one-half of one percent by volume and not more than 17
1-23 [14] percent by volume; and
1-24 (2) for consumption on the premises traditional port
2-1 or sherry containing alcohol in excess of one-half of one percent
2-2 by volume and not more than 24 percent by volume.
2-3 SECTION 3. Section 25.09, Alcoholic Beverage Code, is
2-4 amended to read as follows:
2-5 Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
2-6 wine and beer retailer's permittee, nor officer of the permittee,
2-7 may possess distilled spirits or liquor containing alcohol in
2-8 excess of 17 [14] percent by volume on the licensed premises.
2-9 SECTION 4. Section 26.01, Alcoholic Beverage Code, is
2-10 amended to read as follows:
2-11 Sec. 26.01. AUTHORIZED ACTIVITIES. The holder of a wine and
2-12 beer retailer's off-premise permit may sell for off-premises
2-13 consumption only, but not for resale, wine, beer, and malt liquors
2-14 containing alcohol in excess of one-half of one percent by volume
2-15 but not more than 17 [14] percent by volume.
2-16 SECTION 5. Section 27.01, Alcoholic Beverage Code, is
2-17 amended to read as follows:
2-18 Sec. 27.01. AUTHORIZED ACTIVITIES. The holder of a
2-19 temporary wine and beer retailer's permit may sell for consumption
2-20 on or off the premises where sold, but not for resale, wine, beer,
2-21 and malt liquors containing alcohol in excess of one-half of one
2-22 percent by volume but not more than 17 [14] percent by volume. The
2-23 permit does not authorize the sale of those beverages outside the
2-24 county for which it is issued.
2-25 SECTION 6. Section 27.11, Alcoholic Beverage Code, is
2-26 amended to read as follows:
2-27 Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special
3-1 three-day wine and beer permit may sell for consumption on the
3-2 premises for which the permit is issued, but not for resale, wine,
3-3 beer, and malt liquors containing alcohol in excess of one-half of
3-4 one percent by volume but not more than 17 [14] percent by volume.
3-5 SECTION 7. Section 251.14, Alcoholic Beverage Code, is
3-6 amended by amending Subsections (a) and (e) to read as follows:
3-7 (a) In the ballot issues prescribed in this section, "wine"
3-8 is limited to vinous beverages that do not contain more than 17
3-9 [14] percent alcohol by volume and includes malt beverages that do
3-10 not exceed that alcohol content. For local option purposes, those
3-11 beverages, sold and dispensed to the public in unbroken, sealed,
3-12 individual containers, are a separate and distinct type of
3-13 alcoholic beverage.
3-14 (e) In areas where the sale of beverages containing alcohol
3-15 not in excess of 17 [14] percent by volume has been legalized, and
3-16 those of higher alcoholic content are prohibited, the ballot shall
3-17 be prepared to permit voting for or against one of the following
3-18 issues in any prohibitory election:
3-19 (1) "The legal sale of beer for off-premise
3-20 consumption only."
3-21 (2) "The legal sale of beer."
3-22 (3) "The legal sale of beer and wine for off-premise
3-23 consumption only."
3-24 (4) "The legal sale of beer and wine."
3-25 SECTION 8. Subchapter D, Chapter 251, Alcoholic Beverage
3-26 Code, is amended by adding Section 251.81 to read as follows:
3-27 Sec. 251.81. SALE OF WINE. (a) If the sale of wine was
4-1 approved in an area by a local option election, other than a local
4-2 option election that approved the sale of all alcoholic beverages,
4-3 before September 1, 1999, an alcoholic beverage license or permit
4-4 holder may not sell in that area wine containing more than 14
4-5 percent alcohol by volume unless a subsequent local option election
4-6 approves the sale of wine or wine and other alcoholic beverages.
4-7 (b) The commission shall, on the face of each alcoholic
4-8 beverage license or permit, indicate whether the holder may sell
4-9 wine and if the license or permit holder may sell wine, whether the
4-10 holder may sell wine up to 14 percent alcohol or 17 percent alcohol
4-11 by volume.
4-12 SECTION 9. This Act takes effect September 1, 1999.
4-13 SECTION 10. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.