By Yarbrough H.B. No. 2027
77R5231 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons who distribute certain alcoholic beverages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.49(b)(2), Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 (2) If such a designation has been made and approved
1-7 as to the holder of a license or permit authorizing the sale of
1-8 alcoholic beverages at retail or as to a private club registration
1-9 permit, the sharing of space, employees, business facilities, and
1-10 services with another business entity (including the permittee's
1-11 lessor, which, if a corporation, may be a domestic or foreign
1-12 corporation, but excluding a business entity holding any type of
1-13 winery permit, a manufacturer's license, or a [general, local, or
1-14 branch] distributor's license), does not constitute a subterfuge or
1-15 surrender of exclusive control in violation of Section 109.53 of
1-16 this code or the use or display of the license for the benefit of
1-17 another in violation of Subdivision (15) of Subsection (a) of
1-18 Section 61.71 of this code. This subsection shall not apply to
1-19 original or renewal package store permits, wine only package store
1-20 permits, local distributor's permits, or any type of wholesaler's
1-21 permits.
1-22 SECTION 2. Section 22.06(a), Alcoholic Beverage Code, is
1-23 amended to read as follows:
1-24 (a) Except as otherwise provided in Section 102.05 of this
2-1 code and in Subsection (b) of this section, no person who holds a
2-2 package store permit or owns an interest in a package store may
2-3 have a direct or indirect interest in any of the following:
2-4 (1) a manufacturer's, retail dealer's on-premise, or
2-5 [general, branch, or local] distributor's license;
2-6 (2) a wine and beer retailer's, wine and beer
2-7 retailer's off-premise, or mixed beverage permit; or
2-8 (3) the business of any of the permits or licenses
2-9 listed in Subdivisions (1) and (2) of this subsection.
2-10 SECTION 3. Section 24.05(a), Alcoholic Beverage Code, is
2-11 amended to read as follows:
2-12 (a) No person who holds a wine only package store permit or
2-13 owns an interest in a wine only package store may have a direct or
2-14 indirect interest in any of the following:
2-15 (1) a manufacturer's or [general, branch, or local]
2-16 distributor's license;
2-17 (2) the business of any of the licenses listed in
2-18 Subdivision (1) of this subsection.
2-19 SECTION 4. Section 41.01, Alcoholic Beverage Code, is amended
2-20 by adding Subsection (c) to read as follows:
2-21 (c) The holder of a carrier permit may transport beer under
2-22 Section 62.07 or 64.09. The provisions of this chapter relating to
2-23 the transportation of liquor apply to the transportation of beer
2-24 under those sections. A carrier may not transport beer into this
2-25 state unless the beer is consigned to a manufacturer or
2-26 distributor.
2-27 SECTION 5. Section 61.03(a), Alcoholic Beverage Code, is
3-1 amended to read as follows:
3-2 (a) Except as provided by Subsection (b), a license may not
3-3 be issued for a term longer than one year. Any license except a
3-4 [branch, importer's, importer's carrier's, or] temporary license
3-5 expires one year after the date on which it is issued.
3-6 SECTION 6. Section 61.31(c), Alcoholic Beverage Code, is
3-7 amended to read as follows:
3-8 (c) Each applicant for an original license, other than a
3-9 [branch or] temporary license, shall pay a hearing fee of $5 to the
3-10 county clerk at the time of the hearing. The county clerk shall
3-11 deposit the fee in the county treasury. The applicant is liable
3-12 for no other fee except the annual license fee prescribed by this
3-13 code.
3-14 SECTION 7. Section 61.381(c), Alcoholic Beverage Code, is
3-15 amended to read as follows:
3-16 (c) This section does not apply to an applicant for a
3-17 license issued under Chapter 64[, 65, 66,] or 71.
3-18 SECTION 8. Section 61.74(a), Alcoholic Beverage Code, is
3-19 amended to read as follows:
3-20 (a) The commission or administrator may suspend for not more
3-21 than 60 days or cancel an original or renewal [general, local, or
3-22 branch] distributor's license if it is found, after notice and
3-23 hearing, that the licensee:
3-24 (1) violated a provision of this code or a rule of the
3-25 commission during the existence of the license sought to be
3-26 cancelled or suspended or during the immediately preceding license
3-27 period;
4-1 (2) was finally convicted for violating a penal
4-2 provision of this code;
4-3 (3) was finally convicted of a felony while holding an
4-4 original or renewal license;
4-5 (4) violated Section 101.41-101.43, 101.68,
4-6 102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
4-7 rule or regulation promulgated under Section 5.40 of this code;
4-8 (5) failed to comply with a requirement of the
4-9 commission relating to the keeping of records or making of reports;
4-10 (6) failed to pay any tax due the state on any beer
4-11 the licensee [he] sold, stored, or transported;
4-12 (7) refused to permit or interfered with an inspection
4-13 of the [his] licensed premises, vehicles, books, or records by an
4-14 authorized representative of the commission;
4-15 (8) consummated a sale of beer outside the county or
4-16 counties in which the licensee [he] was authorized to sell beer by
4-17 the [his] license;
4-18 (9) purchased, sold, offered for sale, distributed, or
4-19 delivered beer while the [his] license was under suspension;
4-20 (10) permitted the use of the [his] license in the
4-21 operation of a business conducted for the benefit of a person not
4-22 authorized by law to have an interest in the business;
4-23 (11) made a false or misleading representation or
4-24 statement in an [his] original application or a renewal
4-25 application;
4-26 (12) habitually uses alcoholic beverages to excess, is
4-27 mentally incompetent, or is physically unable to manage the
5-1 licensee's [his] establishment;
5-2 (13) misrepresented any beer sold by the licensee
5-3 [him] to a retailer or to the public;
5-4 (14) with criminal negligence sold or delivered beer
5-5 to a minor; or
5-6 (15) purchased, possessed, stored, sold, or offered
5-7 for sale beer in an original package bearing a brand or trade name
5-8 of a manufacturer other than the brand or trade name of the
5-9 manufacturer shown on the container.
5-10 SECTION 9. Section 61.86, Alcoholic Beverage Code, as added
5-11 by Chapter 577, Acts of the 76th Legislature, Regular Session,
5-12 1999, is amended to read as follows:
5-13 Sec. 61.87 [61.86]. AFFIRMATION OF COMPLIANCE. A person who
5-14 holds a license under Chapter 64[, 65, or 66] may not be subject to
5-15 an administrative sanction for selling or delivering an alcoholic
5-16 beverage to a retailer not authorized to purchase and receive the
5-17 alcoholic beverage if the license holder:
5-18 (1) reasonably believes that the retailer is
5-19 authorized to purchase and receive that type of alcoholic beverage;
5-20 and
5-21 (2) obtains from the retailer at the time of delivery
5-22 a written affirmation, which may be printed or stamped on a sales
5-23 invoice evidencing the sale or delivery of alcoholic beverages by
5-24 the license holder, that the retailer is authorized to purchase and
5-25 receive the type of alcoholic beverage sold and delivered by the
5-26 license holder.
5-27 SECTION 10. Section 62.01, Alcoholic Beverage Code, is
6-1 amended to read as follows:
6-2 Sec. 62.01. AUTHORIZED ACTIVITIES. The holder of a
6-3 manufacturer's license may:
6-4 (1) manufacture or brew beer and distribute and sell
6-5 it in this state to the holders of [general, local, and branch]
6-6 distributor's licenses and to qualified persons outside the state;
6-7 (2) dispense beer for consumption on the premises;
6-8 [and]
6-9 (3) bottle and can beer and pack it into containers
6-10 for resale in this state, regardless of whether the beer is
6-11 manufactured or brewed in this state or in another state and
6-12 imported into Texas; and
6-13 (4) import beer into this state only from the holder
6-14 of a nonresident manufacturer's license.
6-15 SECTION 11. Section 62.07, Alcoholic Beverage Code, is
6-16 amended to read as follows:
6-17 Sec. 62.07. IMPORTATION OF BEER[: CONTAINERS, USE OF TANK
6-18 CARS]. (a) The holder of a manufacturer's license may import beer
6-19 into this state in barrels or other containers in accordance with
6-20 the provisions of this code. No person may ship beer into the
6-21 state in tank cars.
6-22 (b) Beer may be transported by:
6-23 (1) a railway carrier, a motor carrier registered
6-24 under Chapter 643, Transportation Code, or a common motor carrier
6-25 operating under a certificate issued by the Interstate Commerce
6-26 Commission; or
6-27 (2) a vehicle owned or leased in good faith by the
7-1 manufacturer.
7-2 (c) A carrier transporting beer under Subsection (b)(1) must
7-3 hold a carrier permit issued under Chapter 41.
7-4 SECTION 12. Chapter 62, Alcoholic Beverage Code, is amended
7-5 by adding Sections 62.071 and 62.072 to read as follows:
7-6 Sec. 62.071. CONSENT TO VEHICLE INSPECTION. A vehicle used
7-7 by the holder of a manufacturer's license for the transportation of
7-8 beer must be available for inspection by commission personnel on
7-9 request.
7-10 Sec. 62.072. DESIGNATION OF VEHICLES. Each vehicle owned or
7-11 leased in good faith by the holder of a manufacturer's license and
7-12 used for the transportation of beer must be designated on the
7-13 exterior of the vehicle as required by the commission.
7-14 SECTION 13. Section 62.12(a), Alcoholic Beverage Code, is
7-15 amended to read as follows:
7-16 (a) A manufacturer's licensee whose annual production of
7-17 beer in this state does not exceed 75,000 barrels may sell beer
7-18 produced under the license to those permittees, licensees, and
7-19 persons to whom a [general] distributor's licensee may sell beer
7-20 under Section 64.01(a)(2) [64.01(2)] of this code. With regard to
7-21 such a sale, the manufacturer has the same authority and is subject
7-22 to the same requirements as apply to a sale made by a [general]
7-23 distributor's licensee.
7-24 SECTION 14. Section 63.01, Alcoholic Beverage Code, is
7-25 amended to read as follows:
7-26 Sec. 63.01. AUTHORIZED ACTIVITIES. The holder of a
7-27 nonresident manufacturer's license may transport beer into Texas
8-1 only to holders of manufacturer's or distributor's [importer's]
8-2 licenses. The nonresident manufacturer's licensee may transport
8-3 the beer in carriers or vehicles operated by holders of carrier's
8-4 permits or in motor vehicles owned or leased by the nonresident
8-5 manufacturer. The beer must be shipped in barrels or other
8-6 containers in accordance with the provisions of this code and may
8-7 not be shipped into the state in tank cars.
8-8 SECTION 15. Section 63.03, Alcoholic Beverage Code, is
8-9 amended to read as follows:
8-10 Sec. 63.03. LIABILITY FOR TAXES; BOND. The holder of a
8-11 nonresident manufacturer's license that transports beer into Texas
8-12 in a motor vehicle owned or leased by the holder [him] is not
8-13 primarily responsible for the payment of the taxes on the beer,
8-14 which remains the responsibility of the holder of the
8-15 manufacturer's or distributor's [importer's] license who imports
8-16 the beer. However, the nonresident manufacturer shall furnish the
8-17 commission with a bond in an amount which, in the commission's
8-18 judgment, will protect the revenue of the state from the tax due on
8-19 the beer over any six-week period.
8-20 SECTION 16. The chapter heading of Chapter 64, Alcoholic
8-21 Beverage Code, is amended to read as follows:
8-22 CHAPTER 64. [GENERAL] DISTRIBUTOR'S LICENSE
8-23 SECTION 17. Section 64.01, Alcoholic Beverage Code, is
8-24 amended to read as follows:
8-25 Sec. 64.01. AUTHORIZED ACTIVITIES. (a) The holder of a
8-26 [general] distributor's license may:
8-27 (1) receive beer in unbroken original packages from
9-1 manufacturers and from licensed [general, local, or branch]
9-2 distributors in this state;
9-3 (2) distribute or sell beer in the unbroken original
9-4 packages in which it is received to [general, branch, or local]
9-5 distributors, to local distributor permittees, to permittees or
9-6 licensees authorized to sell to ultimate consumers, to private club
9-7 registration permittees, to authorized outlets located on any
9-8 installation of the national military establishment, or to
9-9 qualified persons for shipment and consumption outside the state;
9-10 [and]
9-11 (3) serve free beer for consumption on the licensed
9-12 premises; and
9-13 (4) import beer into this state only from the holder
9-14 of a nonresident manufacturer's license.
9-15 (b) All sales made under the authority of this section
9-16 except sales to holders of [general, local, or branch]
9-17 distributor's licenses [licensees] must be made in accordance with
9-18 Sections 61.73 and 102.31 of this code.
9-19 SECTION 18. Section 64.02, Alcoholic Beverage Code, is
9-20 amended to read as follows:
9-21 Sec. 64.02. FEE. The annual state fee for a [general]
9-22 distributor's license is $300.
9-23 SECTION 19. Section 64.03, Alcoholic Beverage Code, is
9-24 amended to read as follows:
9-25 Sec. 64.03. SALE OF BEER TO PRIVATE CLUBS. The holder of a
9-26 [general] distributor's license may sell and deliver beer to
9-27 private clubs located in wet areas without having to secure a prior
10-1 order. All sales made under the authority of this section must be
10-2 made in accordance with Sections 61.73 and 102.31 of this code.
10-3 SECTION 20. Sections 64.04(a) and (b), Alcoholic Beverage
10-4 Code, are amended to read as follows:
10-5 (a) Each holder of a [general, local, or branch]
10-6 distributor's license shall make and keep a daily record of every
10-7 receipt of beer and of every sale of beer, including the name of
10-8 each purchaser. Each transaction shall be recorded on the day it
10-9 occurs. The licensee shall make and keep any other records that
10-10 the commission or administrator requires.
10-11 (b) All required records shall be kept available for
10-12 inspection by the commission or its authorized representative
10-13 during reasonable office hours for at least four [two] years.
10-14 SECTION 21. Chapter 64, Alcoholic Beverage Code, is amended
10-15 by adding Section 64.041 to read as follows:
10-16 Sec. 64.041. RECORDS LOCATION. (a) The holder of a
10-17 distributor's license may apply to the administrator or a person
10-18 designated by the administrator for permission to maintain required
10-19 records at another licensed premises if the holder holds a
10-20 distributor's license for each premises.
10-21 (b) The administrator or a person designated by the
10-22 administrator shall grant or deny a request in writing. The
10-23 administrator or a person designated by the administrator may deny
10-24 a request based on any ground specified by Section 61.74 or any
10-25 other valid reason. If the administrator or a person designated by
10-26 the administrator denies the request, the administrator or a person
10-27 designated by the administrator must specify the grounds for the
11-1 denial.
11-2 (c) In deciding whether to grant the request under this
11-3 section, the administrator or a person designated by the
11-4 administrator shall consider the distributor's past record of
11-5 compliance with this code and the distributor's history of filing
11-6 timely and correct reports with the commission.
11-7 SECTION 22. Section 64.05, Alcoholic Beverage Code, is
11-8 amended to read as follows:
11-9 Sec. 64.05. PERSONS INELIGIBLE FOR LICENSE. A [general]
11-10 distributor's license may not be issued to a person who is the
11-11 holder of a package store permit or a wine only package store
11-12 permit.
11-13 SECTION 23. Section 64.06, Alcoholic Beverage Code, is
11-14 amended to read as follows:
11-15 Sec. 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of
11-16 this code applies to the use of warehouses and delivery trucks by
11-17 [general] distributor's licensees.
11-18 SECTION 24. Sections 64.07(a) and (c), Alcoholic Beverage
11-19 Code, are amended to read as follows:
11-20 (a) Any number of [general, local, and branch] distributors
11-21 may use the same delivery vehicles, premises, location, or place of
11-22 business as licensed premises if the beer owned and stored by each
11-23 of the distributors is segregated.
11-24 (c) The provisions of Subsections (a) and (b) of this
11-25 section that relate to shared delivery vehicles apply only to those
11-26 [general, local, or branch] distributors who hold a territorial
11-27 designation from a manufacturer under Section 102.51 of this code.
12-1 SECTION 25. Section 64.08(a), Alcoholic Beverage Code, is
12-2 amended to read as follows:
12-3 (a) The holder of a [general] distributor's license may sell
12-4 beer to the holder of an industrial permit for use as an ingredient
12-5 in the manufacturing and processing of food products.
12-6 SECTION 26. Chapter 64, Alcoholic Beverage Code, is amended
12-7 by adding Sections 64.09-64.11 to read as follows:
12-8 Sec. 64.09. IMPORTATION OF BEER. (a) The holder of a
12-9 distributor's license may import beer into this state in barrels or
12-10 other containers in accordance with this code.
12-11 (b) Beer may be transported by:
12-12 (1) a railway carrier, a motor carrier registered
12-13 under Chapter 643, Transportation Code, or a common motor carrier
12-14 operating under a certificate issued by the Interstate Commerce
12-15 Commission; or
12-16 (2) a vehicle owned or leased in good faith by the
12-17 distributor.
12-18 (c) A carrier transporting beer under Subsection (b)(1) must
12-19 hold a carrier permit issued under Chapter 41.
12-20 Sec. 64.10. CONSENT TO VEHICLE INSPECTION. A vehicle used
12-21 by the holder of a distributor's license for the transportation of
12-22 beer must be available for inspection by commission personnel on
12-23 request.
12-24 Sec. 64.11. DESIGNATION OF VEHICLES. Each vehicle owned or
12-25 leased in good faith by the holder of a distributor's license and
12-26 used for the transportation of beer must be designated on the
12-27 exterior of the vehicle as required by the commission.
13-1 SECTION 27. Section 102.07(f), Alcoholic Beverage Code, is
13-2 amended to read as follows:
13-3 (f) Notwithstanding Subsection (a) of this section, Section
13-4 108.05 of this code, or any other provision of this code, a holder
13-5 of a brewer's permit, nonresident brewer's permit, distiller's and
13-6 rectifier's permit, winery permit, nonresident seller's permit,
13-7 manufacturer's license, or nonresident manufacturer's license may,
13-8 in order to promote the brand name of the permittee's or licensee's
13-9 products, contract with a person licensed under the Texas Racing
13-10 Act (Article 179e, Vernon's Texas Civil Statutes) for on-site
13-11 advertising signs, for advertising in programs, and to supplement
13-12 purses for races even though the licensees under that Act or the
13-13 owners or operators of the racing facilities also hold a mixed
13-14 beverage permit or other permit or license under this code. In
13-15 addition, a permittee or licensee described by this subsection may
13-16 contract for off-site advertising promoting specific races. A part
13-17 of the cost of an advertisement or promotion authorized by this
13-18 section may not be charged to or paid, directly or indirectly, by
13-19 the holder of a wholesale permit, general class B wholesaler's
13-20 permit, local class B wholesaler's permit, local distributor's
13-21 permit, [general distributor's license,] or [local] distributor's
13-22 license, except through the price paid by that holder for products
13-23 purchased from the holder's supplier.
13-24 SECTION 28. Section 102.18(b), Alcoholic Beverage Code, is
13-25 amended to read as follows:
13-26 (b) No entity named in Subsection (a) of this section may
13-27 have any interest in the license, business, assets, or corporate
14-1 stock of a holder of a [general, local, or branch] distributor's
14-2 license.
14-3 SECTION 29. Sections 102.51(a) and (b), Alcoholic Beverage
14-4 Code, are amended to read as follows:
14-5 (a) Each holder of a manufacturer's or nonresident
14-6 manufacturer's license shall designate territorial limits in this
14-7 state within which the brands of beer the licensee manufactures may
14-8 be sold by [general, local, or branch] distributor's licensees.
14-9 (b) Each holder of a [general, local, or branch]
14-10 distributor's license shall enter into a written agreement with
14-11 each manufacturer from which the distributor purchases beer for
14-12 distribution and sale in this state setting forth the sales
14-13 territory within which each brand of beer purchased by that
14-14 distributor may be distributed and sold. No holder of a [general,
14-15 local, or branch] distributor's license shall make any sales of any
14-16 brand of beer outside the sales territory specified in the written
14-17 agreement. No such agreement shall interfere with the rights of
14-18 retailers to purchase beer as provided in Section 102.53. A
14-19 manufacturer may not assign all or any part of the same sales
14-20 territory to more than one distributor. A copy of the agreement
14-21 and any amendments to it shall be filed with the administrator.
14-22 SECTION 30. Section 102.52, Alcoholic Beverage Code, is
14-23 amended to read as follows:
14-24 Sec. 102.52. RIGHTS OF DISTRIBUTORS. Nothing in Section
14-25 102.51 of this code limits or alters the right of a holder of a
14-26 [general, local, or branch] distributor's license to sell beer to
14-27 any other holder of a [general, local, or branch] distributor's
15-1 license, except that a distributor who has purchased beer from
15-2 another distributor may distribute and sell the beer only within a
15-3 territory for which the manufacturer of the brand has designated
15-4 that it may be sold by the [general, local, or branch] distributor
15-5 making the purchase.
15-6 SECTION 31. Section 102.53, Alcoholic Beverage Code, is
15-7 amended to read as follows:
15-8 Sec. 102.53. RIGHTS OF RETAILERS. Nothing in Section 102.51
15-9 or 102.52 of this code limits or alters the right of a holder of a
15-10 retail license or permit to purchase beer at the licensed premises
15-11 of any [general, local, or branch] distributor's licensee in the
15-12 state and transport that beer to the holder's [his] licensed
15-13 premises, except that the retailer may sell the beer only within a
15-14 territory for which the manufacturer of the brand has designated
15-15 that it may be sold by a distributor.
15-16 SECTION 32. Section 102.54(d)(1), Alcoholic Beverage Code,
15-17 is amended to read as follows:
15-18 (1) "Distributor" means a person who holds a license
15-19 issued under Chapter 64 [or 65].
15-20 SECTION 33. Section 102.56(b), Alcoholic Beverage Code, is
15-21 amended to read as follows:
15-22 (b) A holder of a local distributor's permit under Chapter
15-23 23 who has purchased a brand of ale, beer, or malt liquor from the
15-24 holder of a [general, local, or branch] distributor's license or
15-25 from the holder of a general class B wholesaler's or local class B
15-26 wholesaler's permit may not deliver the brand of ale, beer, or malt
15-27 liquor to any holder of a mixed beverage permit or private club
16-1 permit whose premises is located inside that county and outside the
16-2 territory assigned to the distributor or wholesaler who sold the
16-3 product under a territorial limit agreement authorized by this
16-4 subchapter.
16-5 SECTION 34. Section 102.71(3), Alcoholic Beverage Code, is
16-6 amended to read as follows:
16-7 (3) "Distributor" means those persons licensed under
16-8 Section 64.01 [or 65.01] of this code.
16-9 SECTION 35. Section 103.08(b), Alcoholic Beverage Code, is
16-10 amended to read as follows:
16-11 (b) On notification that beer has been seized, the
16-12 commission shall promptly notify a holder of a [general, local, or
16-13 branch] distributor's license who handles the brand of beer seized
16-14 and who operates in the county in which it was seized. If the beer
16-15 was seized in a dry area, the commission shall notify either the
16-16 [general, local, or branch] distributor who handles the brand
16-17 operating nearest the area or the manufacturer brewing the beer.
16-18 The commission and the distributor or manufacturer shall jointly
16-19 determine whether the beer is in a salable condition.
16-20 SECTION 36. Section 105.051, Alcoholic Beverage Code, is
16-21 amended to read as follows:
16-22 Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. In
16-23 addition to the hours specified for the sale of beer in Section
16-24 105.05(b) of this code, the holder of a [general, local, or branch]
16-25 distributor's license may sell, offer for sale, or deliver beer
16-26 beginning at 5 a.m. on any day except Sunday.
16-27 SECTION 37. Section 107.04, Alcoholic Beverage Code, is
17-1 amended to read as follows:
17-2 Sec. 107.04. DELIVERY OF BEER IN DRY AREA. A common carrier
17-3 may not deliver beer in a dry area unless it is consigned to a
17-4 holder of a [local or general] distributor's license [licensee] who
17-5 has previously stated that the holder [he] intends to transport it
17-6 to a licensed place of business in a wet area. A common carrier
17-7 who transports beer to a distributor in a dry area shall comply
17-8 strictly with this section and Section 107.02 of this code.
17-9 SECTION 38. Section 107.06(a), Alcoholic Beverage Code, is
17-10 amended to read as follows:
17-11 (a) No person may import beer into the state except the
17-12 holder of a manufacturer's or [general, local, or branch]
17-13 distributor's license.
17-14 SECTION 39. Section 107.09, Alcoholic Beverage Code, is
17-15 amended to read as follows:
17-16 Sec. 107.09. SINGLE INVOICE AUTHORIZED. If the holder of a
17-17 [general, local, or branch] distributor's license also holds a
17-18 wholesaler's, general class B wholesaler's, or local class B
17-19 wholesaler's permit, a written statement or invoice required as
17-20 evidence of the sale of beer or liquor may be on the same business
17-21 form that is designed to reflect the sale of both liquor and beer,
17-22 if all information required by this code to be shown on a statement
17-23 or invoice is reflected on the form and all other records required
17-24 by this code are maintained.
17-25 SECTION 40. Section 108.08(b), Alcoholic Beverage Code, is
17-26 amended to read as follows:
17-27 (b) A part of the cost of advertising revenue paid by a
18-1 manufacturer to an entity under this section may not be charged to
18-2 or paid, directly or indirectly, by the holder of a wholesaler's
18-3 permit, general class B wholesaler's permit, local class B
18-4 wholesaler's permit, local distributor's permit, [general
18-5 distributor's license,] or [local] distributor's license, except
18-6 through the price paid by that holder for products purchased from
18-7 the holders' supplier.
18-8 SECTION 41. Section 109.04(a), Alcoholic Beverage Code, is
18-9 amended to read as follows:
18-10 (a) When the commission is notified under this subchapter of
18-11 the acquisition of beer or its containers or original packages, it
18-12 shall immediately notify a holder of a [general, local, or branch]
18-13 distributor's license who handles the brand of beer and who
18-14 operates in the county where it is located or, if it is located in
18-15 a dry area or if no distributor operates in the county, the nearest
18-16 distributor handling the brand or the manufacturer who brewed it.
18-17 SECTION 42. Section 203.09, Alcoholic Beverage Code, is
18-18 amended to read as follows:
18-19 Sec. 203.09. STATEMENTS. (a) The commission may require
18-20 manufacturers of beer manufactured in this state or imported into
18-21 this state[, importers,] and distributors to provide information as
18-22 to purchases, sales, and shipments to enable the commission to
18-23 collect the full amount of beer tax due. No manufacturer[,
18-24 importer,] or distributor may fail or refuse to furnish the
18-25 information.
18-26 (b) The commission may seize or withhold from sale the
18-27 manufacturer's[, importer's,] or distributor's beer for failure or
19-1 refusal to supply the information required under Subsection (a) of
19-2 this section or to permit the commission to make an investigation
19-3 of pertinent records whether inside or outside this state.
19-4 SECTION 43. Section 251.79, Alcoholic Beverage Code, is
19-5 amended to read as follows:
19-6 Sec. 251.79. AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY
19-7 BE ISSUED. Notwithstanding any other provision of this code, a
19-8 wholesaler's permit, general class B wholesaler's permit, local
19-9 class B wholesaler's permit, or [general, local or branch]
19-10 distributor's license may be issued and licensed premises
19-11 maintained in any area where the sale of any alcoholic beverage is
19-12 legal. A person issued a permit or license under this section may
19-13 exercise all rights and privileges of other permittees and
19-14 licensees of the same class.
19-15 SECTION 44. Section 431.2211, Health and Safety Code, is
19-16 amended to read as follows:
19-17 Sec. 431.2211. APPLICATION OF SUBCHAPTER. This subchapter
19-18 does not apply to:
19-19 (1) a person, firm, or corporation that harvests,
19-20 packages, washes, or ships raw fruits or vegetables;
19-21 (2) an individual who sells prepackaged nonperishable
19-22 foods, including dietary supplements, from a private home as a
19-23 direct seller; or
19-24 (3) a person engaged solely in the distribution of
19-25 alcoholic beverages in sealed containers by holders of licenses or
19-26 permits issued under Chapter 19, 20, 21, 23, or 64, [or 65,]
19-27 Alcoholic Beverage Code.
20-1 SECTION 45. Section 151.054(d), Tax Code, is amended to read
20-2 as follows:
20-3 (d) A sale of liquor, wine, beer, or malt liquor by the
20-4 holder of a manufacturer's license, wholesaler's permit, general
20-5 class B wholesaler's permit, local class B wholesaler's permit,
20-6 local distributor's permit, or a [general, local, or branch]
20-7 distributor's license issued under the Alcoholic Beverage Code to
20-8 the holder of a retail license or permit issued under the Alcoholic
20-9 Beverage Code is presumed to be a sale for resale. In a sale to
20-10 which this section applies, the seller is not required to receive a
20-11 resale certificate from the purchaser.
20-12 SECTION 46. Section 3(c), Chapter 307, Acts of the 75th
20-13 Legislature, Regular Session, 1997 (Article 6675e, Vernon's Texas
20-14 Civil Statutes), is amended to read as follows:
20-15 (c) This Act does not apply to a person that is engaged in
20-16 the wholesale distribution of alcoholic beverages and that operates
20-17 trucks and delivery vehicles under Chapter 19, 20, 21, or 64, [or
20-18 65,] Alcoholic Beverage Code.
20-19 SECTION 47. Chapters 65, 66, 67, and 68, Alcoholic Beverage
20-20 Code, are repealed.
20-21 SECTION 48. This Act takes effect September 1, 2001.