1-1     By:  Wise (Senate Sponsor - Cain)                     H.B. No. 1793
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Business
 1-4     and Commerce; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the application of certain alcoholic beverage
 1-9     regulations to the holder of a food and beverage certificate.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 25.13(e), Alcoholic Beverage Code, is
1-12     amended to read as follows:
1-13           (e)  [Except for] Section 11.11 does not [, the statutory
1-14     provisions and rules applying to the holder of a wine and beer
1-15     retailer's permit as of January 1, 1996, and any applicable law
1-16     enacted by the 74th Legislature, Regular Session, 1995, also] apply
1-17     to the holder of a food and beverage certificate.  [A statutory
1-18     provision or rule applicable to a holder of a wine and beer
1-19     retailer's permit enacted after January 1, 1996, does not apply to
1-20     a holder of a food and beverage certificate unless the statute or
1-21     rule specifically refers to its application to a holder of a food
1-22     and beverage certificate.]
1-23           SECTION 2. Section 28.18(f), Alcoholic Beverage Code, is
1-24     amended to read as follows:
1-25           (f)  [Except for] Section 11.11 does not [, the statutory
1-26     provisions and rules applying to the holder of a mixed beverage
1-27     permit as of January 1, 1996, and any applicable law enacted by the
1-28     74th Legislature, Regular Session, 1995, also] apply to the holder
1-29     of a food and beverage certificate.  [A statutory provision or rule
1-30     applicable to a holder of a mixed beverage permit enacted after
1-31     January 1, 1996, does not apply to a holder of a food and beverage
1-32     certificate unless the statute or rule specifically refers to its
1-33     application to a holder of a food and beverage certificate.]
1-34           SECTION 3. Section 32.23(f), Alcoholic Beverage Code, is
1-35     amended to read as follows:
1-36           (f)  [Except for] Section 11.11 does not [, the statutory
1-37     provisions and rules applying to the holder of a private club
1-38     permit as of January 1, 1996, and any applicable law enacted by the
1-39     74th Legislature, Regular Session, 1995, also] apply to the holder
1-40     of a food and beverage certificate.  [A statutory provision or rule
1-41     applicable to a holder of a private club permit enacted after
1-42     January 1, 1996, does not apply to a holder of a food and beverage
1-43     certificate unless the statute or rule specifically refers to its
1-44     application to a holder of a food and beverage certificate.]
1-45           SECTION 4. Section 69.16(e), Alcoholic Beverage Code, is
1-46     amended to read as follows:
1-47           (e)  [Except for] Section 61.13 does not [, the statutory
1-48     provisions and rules applying to the holder of a retail dealer's
1-49     on-premise license as of January 1, 1996, and any applicable law
1-50     enacted by the 74th Legislature, Regular Session, 1995, also] apply
1-51     to the holder of a food and beverage certificate.  [A statutory
1-52     provision or rule applicable to a holder of a retail dealer's
1-53     on-premise license enacted after January 1, 1996, does not apply to
1-54     a holder of a food and beverage certificate unless the statute or
1-55     rule specifically refers to its application to a holder of a food
1-56     and beverage certificate.]
1-57           SECTION 5. This Act takes effect September 1, 2001.
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