By: Cain S.B. No. 1102
99S0646/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the permissible concentration of alcohol in certain
1-2 beverages sold or held by persons permitted to sell such beverages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 24.07, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 24.07. WHEN LICENSE ALSO HELD: HOURS OF SALE, ETC. A
1-7 holder of a wine only package store permit who also holds a retail
1-8 dealer's off-premise license for the same location may remain open
1-9 and sell ale, wine, vinous liquors, and beer, for off-premises
1-10 consumption only, on any day and during the same hours that the
1-11 holder of a wine and beer retailer's permit may sell ale, beer, and
1-12 wine, except that he may not sell wine or vinous liquor containing
1-13 more than 17 [14] percent alcohol by volume on a Sunday or after 10
1-14 p.m. on any day.
1-15 SECTION 2. Section 25.01, Alcoholic Beverage Code, is
1-16 amended to read as follows:
1-17 Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
1-18 beer retailer's permit may sell:
1-19 (1) for consumption on or off the premises where sold,
1-20 but not for resale, wine, beer, and malt liquors containing alcohol
1-21 in excess of one-half of one percent by volume and not more than 17
1-22 [14] percent by volume; and
1-23 (2) for consumption on the premises traditional port
1-24 or sherry containing alcohol in excess of one-half of one percent
2-1 by volume and not more than 24 percent by volume.
2-2 SECTION 3. Section 25.09, Alcoholic Beverage Code, is
2-3 amended to read as follows:
2-4 Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
2-5 wine and beer retailer's permittee, nor officer of the permittee,
2-6 may possess distilled spirits or liquor containing alcohol in
2-7 excess of 17 [14] percent by volume on the licensed premises.
2-8 SECTION 4. Section 26.01, Alcoholic Beverage Code, is
2-9 amended to read as follows:
2-10 Sec. 26.01. AUTHORIZED ACTIVITIES. The holder of a wine and
2-11 beer retailer's off-premise permit may sell for off-premises
2-12 consumption only, but not for resale, wine, beer, and malt liquors
2-13 containing alcohol in excess of one-half of one percent by volume
2-14 but not more than 17 [14] percent by volume.
2-15 SECTION 5. Section 27.01, Alcoholic Beverage Code, is
2-16 amended to read as follows:
2-17 Sec. 27.01. AUTHORIZED ACTIVITIES. The holder of a
2-18 temporary wine and beer retailer's permit may sell for consumption
2-19 on or off the premises where sold, but not for resale, wine, beer,
2-20 and malt liquors containing alcohol in excess of one-half of one
2-21 percent by volume but not more than 17 [14] percent by volume. The
2-22 permit does not authorize the sale of those beverages outside the
2-23 county for which it is issued.
2-24 SECTION 6. Section 27.11, Alcoholic Beverage Code, is
2-25 amended to read as follows:
2-26 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 71.04, Alcoholic Beverage Code, is
3-6 amended to read as follows:
3-7 Sec. 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
3-8 retail dealer's off-premise licensee, nor his officer, may possess
3-9 liquor containing alcohol in excess of 17 [14] percent by volume on
3-10 the licensed premises.
3-11 SECTION 8. This Act takes effect September 1, 1999.
3-12 SECTION 9. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.