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.
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