By Wise                                               H.B. No. 1793
         77R5948 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of certain alcoholic beverage
 1-3     regulations to the holder of a food and beverage certificate.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 25.13(e), Alcoholic Beverage Code, is
 1-6     amended to read as follows:
 1-7           (e)  [Except for] Section 11.11 does not [, the statutory
 1-8     provisions and rules applying to the holder of a wine and beer
 1-9     retailer's permit as of January 1, 1996, and any applicable law
1-10     enacted by the 74th Legislature, Regular Session, 1995, also] apply
1-11     to the holder of a food and beverage certificate.  [A statutory
1-12     provision or rule applicable to a holder of a wine and beer
1-13     retailer's permit enacted after January 1, 1996, does not apply to
1-14     a holder of a food and beverage certificate unless the statute or
1-15     rule specifically refers to its application to a holder of a food
1-16     and beverage certificate.]
1-17           SECTION 2. Section 28.18(f), Alcoholic Beverage Code, is
1-18     amended to read as follows:
1-19           (f)  [Except for] Section 11.11 does not [, the statutory
1-20     provisions and rules applying to the holder of a mixed beverage
1-21     permit as of January 1, 1996, and any applicable law enacted by the
1-22     74th Legislature, Regular Session, 1995, also] apply to the holder
1-23     of a food and beverage certificate.  [A statutory provision or rule
1-24     applicable to a holder of a mixed beverage permit enacted after
 2-1     January 1, 1996, does not apply to a holder of a food and beverage
 2-2     certificate unless the statute or rule specifically refers to its
 2-3     application to a holder of a food and beverage certificate.]
 2-4           SECTION 3. Section 32.23(f), Alcoholic Beverage Code, is
 2-5     amended to read as follows:
 2-6           (f)  [Except for] Section 11.11 does not [, the statutory
 2-7     provisions and rules applying to the holder of a private club
 2-8     permit as of January 1, 1996, and any applicable law enacted by the
 2-9     74th Legislature, Regular Session, 1995, also] apply to the holder
2-10     of a food and beverage certificate.  [A statutory provision or rule
2-11     applicable to a holder of a private club permit enacted after
2-12     January 1, 1996, does not apply to a holder of a food and beverage
2-13     certificate unless the statute or rule specifically refers to its
2-14     application to a holder of a food and beverage certificate.]
2-15           SECTION 4. Section 69.16(e), Alcoholic Beverage Code, is
2-16     amended to read as follows:
2-17           (e)  [Except for] Section 61.13 does not [, the statutory
2-18     provisions and rules applying to the holder of a retail dealer's
2-19     on-premise license as of January 1, 1996, and any applicable law
2-20     enacted by the 74th Legislature, Regular Session, 1995, also] apply
2-21     to the holder of a food and beverage certificate.  [A statutory
2-22     provision or rule applicable to a holder of a retail dealer's
2-23     on-premise license enacted after January 1, 1996, does not apply to
2-24     a holder of a food and beverage certificate unless the statute or
2-25     rule specifically refers to its application to a holder of a food
2-26     and beverage certificate.]
2-27           SECTION 5. This Act takes effect September 1, 2001.