By Haggerty H.B. No. 2037
77R5230 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to transportation of liquor by certain alcoholic beverage
1-3 permit holders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (d) The following are exempt from the fee authorized in this
1-8 section:
1-9 (1) agent's, airline beverage, passenger train
1-10 beverage, industrial, carrier's, private carrier's, private club
1-11 registration, [local cartage,] storage, and temporary wine and beer
1-12 retailer's permits;
1-13 (2) a wine and beer retailer's permit issued for a
1-14 dining, buffet, or club car; and
1-15 (3) a mixed beverage permit during the three-year
1-16 period following the issuance of the permit.
1-17 SECTION 2. Section 22.03, Alcoholic Beverage Code, is
1-18 amended to read as follows:
1-19 Sec. 22.03. DELIVERIES TO CUSTOMERS. (a) The holder of a
1-20 package store permit or wine only package store permit issued for a
1-21 location within a city or town or within two miles of the corporate
1-22 limits of a city or town [, who also holds a local cartage permit,]
1-23 may make deliveries of and collections for alcoholic beverages off
1-24 the premises in areas where the sale of the beverages is legal.
2-1 The permittee must travel by the most direct route and may make
2-2 deliveries and collections only within the city or town or within
2-3 two miles of its corporate limits, and only in response to bona
2-4 fide orders placed by the customer, either in person at the
2-5 premises, in writing, by mail, or by telegraph or telephone. This
2-6 section shall not be construed as preventing a holder of a package
2-7 store permit or wine only package store permit from delivering
2-8 alcoholic beverages to the holder of a carrier's permit for
2-9 transportation to persons authorized to purchase the beverages.
2-10 (b) The holder of a package store permit [who also holds a
2-11 local cartage permit] may transport alcoholic beverages to a
2-12 commercial airline in a regional airport located all or partly in
2-13 an adjoining county if the airport is governed by a board,
2-14 commission, or authority, some of whose members reside in the
2-15 county where the package store is located.
2-16 (c) The holder of a package store permit may not transport
2-17 liquor for hire.
2-18 SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended
2-19 by adding Sections 22.031 and 22.032 to read as follows:
2-20 Sec. 22.031. CONSENT TO VEHICLE INSPECTION. A vehicle used
2-21 by the holder of a package store permit for the transportation of
2-22 alcoholic beverages shall be made available for inspection by
2-23 commission personnel on request.
2-24 Sec. 22.032. DESIGNATION OF VEHICLES. Each vehicle owned or
2-25 leased in good faith by the holder of a package store permit and
2-26 used for the transportation of alcoholic beverages shall be
2-27 designated on the exterior of the vehicle as required by the
3-1 commission.
3-2 SECTION 4. Section 22.08, Alcoholic Beverage Code, is
3-3 amended to read as follows:
3-4 Sec. 22.08. TRANSFER OF BEVERAGES. The owner of more than
3-5 one package store [who is also the holder of a local cartage
3-6 permit] may transfer alcoholic beverages between any of the owner's
3-7 [his] licensed premises in the same county between the hours of 7
3-8 a.m. and 9 p.m. on any day when the sale of those beverages is
3-9 legal, subject to rules prescribed by the commission.
3-10 SECTION 5. Section 23.04, Alcoholic Beverage Code, is
3-11 amended to read as follows:
3-12 Sec. 23.04. MAY TRANSFER BEVERAGES. The [If the] holder of
3-13 a local distributor's permit [also holds a local cartage permit,
3-14 he] may transfer alcoholic beverages:
3-15 (1) to any place where the sale of alcoholic beverages
3-16 is legal in the city or county where the permit holder's [his]
3-17 premises are located; and
3-18 (2) to a regional airport located all or partly in an
3-19 adjoining county if the airport is governed by a board, commission,
3-20 or authority, some of whose members reside in the county where the
3-21 permit holder's [local distributor's] premises are located.
3-22 SECTION 6. Chapter 23, Alcoholic Beverage Code, is amended
3-23 by adding Sections 23.041 and 23.042 to read as follows:
3-24 Sec. 23.041. CONSENT TO VEHICLE INSPECTION. A vehicle used
3-25 by the holder of a local distributor's permit for the
3-26 transportation of alcoholic beverages shall be made available for
3-27 inspection by commission personnel on request.
4-1 Sec. 23.042. DESIGNATION OF VEHICLES. Each vehicle owned or
4-2 leased in good faith by the holder of a local distributor's permit
4-3 and used for the transportation of alcoholic beverages shall be
4-4 designated on the exterior of the vehicle as required by the
4-5 commission.
4-6 SECTION 7. Chapter 24, Alcoholic Beverage Code, is amended
4-7 by adding Sections 24.031 and 24.032 to read as follows:
4-8 Sec. 24.031. CONSENT TO VEHICLE INSPECTION. A vehicle used
4-9 by the holder of a wine only package store permit for the
4-10 transportation of alcoholic beverages shall be made available for
4-11 inspection by commission personnel on request.
4-12 Sec. 24.032. DESIGNATION OF VEHICLES. Each vehicle owned or
4-13 leased in good faith by the holder of a wine only package store
4-14 permit and used for the transportation of alcoholic beverages shall
4-15 be designated on the exterior of the vehicle as required by the
4-16 commission.
4-17 SECTION 8. Section 24.04, Alcoholic Beverage Code, is
4-18 amended to read as follows:
4-19 Sec. 24.04. DESIGNATION OF PLACE OF STORAGE. The owner of
4-20 more than one wine only package store [who is also the holder of a
4-21 local cartage permit] may designate one of the owner's [his] places
4-22 of business as a place of storage. The owner [He] may transfer
4-23 alcoholic beverages to and from the owner's [his] place of storage
4-24 and the owner's [his] other stores in the same county, subject to
4-25 rules prescribed by the commission.
4-26 SECTION 9. Section 204.01(b), Alcoholic Beverage Code, is
4-27 amended to read as follows:
5-1 (b) No bond is required of a holder of a mixed beverage,
5-2 private club registration, carriers, [local cartage,] wine and beer
5-3 retailers, nonresident seller's, manufacturer's agent's, or agent's
5-4 permit.
5-5 SECTION 10. Chapter 43, Alcoholic Beverage Code, is
5-6 repealed.
5-7 SECTION 11. This Act takes effect September 1, 2001.