1-1 AN ACT
1-2 relating to private club alcoholic beverage accounts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 32.06, Alcoholic Beverage Code, is amended
1-5 to read as follows:
1-6 Sec. 32.06. POOL SYSTEM. (a) The pool system of storage may
1-7 be used in any area. Under this system all members of a pool
1-8 participate equally in the original purchase of all alcoholic
1-9 beverages. The original purchase may be funded by a cash
1-10 contribution from each member or from a loan to the club by a third
1-11 person guaranteed by all the members. A person who provides a loan
1-12 to the club under this subsection may be related or unrelated to
1-13 the club. A loan for the original purchase may be repaid from the
1-14 alcoholic beverages replacement account. The replacement of all
1-15 alcoholic beverages shall be paid for either by money assessed
1-16 equally from each member and collected in advance or by the
1-17 establishment of an alcoholic beverages replacement account in
1-18 which a designated percentage of each charge for the service of
1-19 alcoholic beverages, as determined by the club's governing body, is
1-20 deposited.
1-21 (b) If an alcoholic beverages replacement account is used:
1-22 (1) each service check shall have printed on it the
1-23 percentage of the service charge that is to be deposited in the
1-24 alcoholic beverages replacement account;
2-1 (2) no money other than the designated percentage of
2-2 service charges may be deposited in the replacement account;
2-3 (3) the replacement of alcoholic beverages may be paid
2-4 for only from money in the replacement account;
2-5 (4) the club's governing body may transfer from the
2-6 replacement account to the club's general operating account any
2-7 portion of the replacement account that the governing body
2-8 determines is in excess of the amount that will be needed to
2-9 purchase replacement alcoholic beverages or repay a loan for the
2-10 original purchase of alcoholic beverages, but it may make only one
2-11 transfer in a calendar month; and
2-12 (5) the club shall maintain a monthly record of the
2-13 total amount of alcoholic beverage service charges collected, the
2-14 amount deposited in the replacement account, the amount used to
2-15 purchase alcoholic beverages or repay a loan for the original
2-16 purchase of alcoholic beverages, and the amount transferred to the
2-17 club's general operating account.
2-18 (c) A private club may combine the club's alcoholic
2-19 beverages replacement account, general operating account, and any
2-20 other account into a single master account if the master account is
2-21 maintained in accordance with generally accepted accounting
2-22 principles and the club is able to generate statements reflecting
2-23 the funds allocated to each component account. If the club
2-24 contracts with a third party to provide management or other
2-25 services for the club, the club may permit the club's master
2-26 account to be combined with the master accounts of other clubs to
2-27 which the third party provides similar services if the combined
3-1 account is maintained in accordance with generally accepted
3-2 accounting principles and the third party is able to generate, for
3-3 the commissioner's review on request, statements reflecting the
3-4 funds allocated to each component account of the combined account
3-5 and the club's master account.
3-6 SECTION 2. This Act applies to the holder of a food and
3-7 beverage certificate.
3-8 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1794 was passed by the House on April
24, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1794 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1794 was passed by the Senate, with
amendments, on May 22, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor