1-1 By: Cain S.B. No. 1102
1-2 (In the Senate - Filed March 10, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Economic Development;
1-4 March 25, 1999, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; March 25, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the permissible concentration of alcohol in certain
1-9 beverages sold or held by persons permitted to sell such beverages.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 24.07, Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 Sec. 24.07. WHEN LICENSE ALSO HELD: HOURS OF SALE, ETC. A
1-14 holder of a wine only package store permit who also holds a retail
1-15 dealer's off-premise license for the same location may remain open
1-16 and sell ale, wine, vinous liquors, and beer, for off-premises
1-17 consumption only, on any day and during the same hours that the
1-18 holder of a wine and beer retailer's permit may sell ale, beer, and
1-19 wine, except that he may not sell wine or vinous liquor containing
1-20 more than 17 [14] percent alcohol by volume on a Sunday or after 10
1-21 p.m. on any day.
1-22 SECTION 2. Section 25.01, Alcoholic Beverage Code, is
1-23 amended to read as follows:
1-24 Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
1-25 beer retailer's permit may sell:
1-26 (1) for consumption on or off the premises where sold,
1-27 but not for resale, wine, beer, and malt liquors containing alcohol
1-28 in excess of one-half of one percent by volume and not more than 17
1-29 [14] percent by volume; and
1-30 (2) for consumption on the premises traditional port
1-31 or sherry containing alcohol in excess of one-half of one percent
1-32 by volume and not more than 24 percent by volume.
1-33 SECTION 3. Section 25.09, Alcoholic Beverage Code, is
1-34 amended to read as follows:
1-35 Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
1-36 wine and beer retailer's permittee, nor officer of the permittee,
1-37 may possess distilled spirits or liquor containing alcohol in
1-38 excess of 17 [14] percent by volume on the licensed premises.
1-39 SECTION 4. Section 26.01, Alcoholic Beverage Code, is
1-40 amended to read as follows:
1-41 Sec. 26.01. AUTHORIZED ACTIVITIES. The holder of a wine and
1-42 beer retailer's off-premise permit may sell for off-premises
1-43 consumption only, but not for resale, wine, beer, and malt liquors
1-44 containing alcohol in excess of one-half of one percent by volume
1-45 but not more than 17 [14] percent by volume.
1-46 SECTION 5. Section 27.01, Alcoholic Beverage Code, is
1-47 amended to read as follows:
1-48 Sec. 27.01. AUTHORIZED ACTIVITIES. The holder of a
1-49 temporary wine and beer retailer's permit may sell for consumption
1-50 on or off the premises where sold, but not for resale, wine, beer,
1-51 and malt liquors containing alcohol in excess of one-half of one
1-52 percent by volume but not more than 17 [14] percent by volume. The
1-53 permit does not authorize the sale of those beverages outside the
1-54 county for which it is issued.
1-55 SECTION 6. Section 27.11, Alcoholic Beverage Code, is
1-56 amended to read as follows:
1-57 Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special
1-58 three-day wine and beer permit may sell for consumption on the
1-59 premises for which the permit is issued, but not for resale, wine,
1-60 beer, and malt liquors containing alcohol in excess of one-half of
1-61 one percent by volume but not more than 17 [14] percent by volume.
1-62 SECTION 7. Section 71.04, Alcoholic Beverage Code, is
1-63 amended to read as follows:
1-64 Sec. 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
2-1 retail dealer's off-premise licensee, nor his officer, may possess
2-2 liquor containing alcohol in excess of 17 [14] percent by volume on
2-3 the licensed premises.
2-4 SECTION 8. This Act takes effect September 1, 1999.
2-5 SECTION 9. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *