77R9737 AJA-D
By Haggerty H.B. No. 2038
Substitute the following for H.B. No. 2038:
By Wilson C.S.H.B. No. 2038
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transportation of alcoholic beverages by certain
1-3 permit holders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.34(a), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (a) An applicant for a wholesaler's, class B wholesaler's,
1-8 distiller's and rectifier's, brewer's, or winery permit may
1-9 consolidate in a single application an [his] application for that
1-10 permit and an [his] application for:
1-11 (1) private storage;
1-12 (2) storage in a public bonded warehouse; and
1-13 (3) [a private carrier's permit; and]
1-14 [(4)] any other permit the applicant [he] is qualified
1-15 to receive.
1-16 SECTION 2. Section 11.38(d), Alcoholic Beverage Code, is
1-17 amended to read as follows:
1-18 (d) The following are exempt from the fee authorized in this
1-19 section:
1-20 (1) agent's, airline beverage, passenger train
1-21 beverage, industrial, carrier's, [private carrier's,] private club
1-22 registration, local cartage, storage, and temporary wine and beer
1-23 retailer's permits;
1-24 (2) a wine and beer retailer's permit issued for a
2-1 dining, buffet, or club car; and
2-2 (3) a mixed beverage permit during the three-year
2-3 period following the issuance of the permit.
2-4 SECTION 3. Section 11.40, Alcoholic Beverage Code, is
2-5 amended to read as follows:
2-6 Sec. 11.40. NOTICE TO COUNTY JUDGE. The commission shall
2-7 give notice of all permit applications to the county judge of the
2-8 county in which the applicant's place of business is located,
2-9 unless the county judge waives the required notice in writing.
2-10 Notice is not required in the case of an application for a wine and
2-11 beer retailer's, wine and beer retailer's off-premise, temporary
2-12 wine and beer retailer's, carrier's, [private carrier's,] airline
2-13 beverage, industrial, agent's, manufacturer's agent's, bonded
2-14 warehouse, or storage permit.
2-15 SECTION 4. Section 12.02, Alcoholic Beverage Code, is
2-16 amended to read as follows:
2-17 Sec. 12.02. FEE. The annual state fee for a brewer's permit
2-18 is $1,530 [$1,500].
2-19 SECTION 5. Chapter 12, Alcoholic Beverage Code, is amended
2-20 by adding Sections 12.06, 12.07, and 12.08 to read as follows:
2-21 Sec. 12.06. TRANSPORTATION OF ALE OR MALT LIQUOR. (a) The
2-22 holder of a brewer's permit may transport ale or malt liquor from
2-23 the place of purchase or manufacture to the permit holder's place
2-24 of business and from the place of sale or distribution to the
2-25 purchaser in a vehicle owned or leased in good faith by the permit
2-26 holder.
2-27 (b) The holder of a brewer's permit may transport ale or
3-1 malt liquor from one wet area to another wet area across a dry area
3-2 if that route is necessary or convenient.
3-3 Sec. 12.07. CONSENT TO VEHICLE INSPECTION. A vehicle used
3-4 by the holder of a brewer's permit for the transportation of ale or
3-5 malt liquor must be available for inspection by commission
3-6 personnel on request.
3-7 Sec. 12.08. DESIGNATION OF VEHICLES. Each vehicle used by
3-8 the holder of a brewer's permit for the transportation of ale or
3-9 malt liquor within this state must be designated on the exterior of
3-10 the vehicle as required by the commission.
3-11 SECTION 6. Section 14.02, Alcoholic Beverage Code, is
3-12 amended to read as follows:
3-13 Sec. 14.02. FEE. The annual state fee for a distiller's and
3-14 rectifier's permit is $1,530 [$1,500].
3-15 SECTION 7. Chapter 14, Alcoholic Beverage Code, is amended
3-16 by adding Sections 14.04, 14.05, and 14.06 to read as follows:
3-17 Sec. 14.04. TRANSPORTATION OF LIQUOR. (a) The holder of a
3-18 distiller's and rectifier's permit may transport liquor from the
3-19 place of purchase or manufacture to the permit holder's place of
3-20 business and from the place of sale or distribution to the
3-21 purchaser in a vehicle owned or leased in good faith by the permit
3-22 holder.
3-23 (b) The holder of a distiller's and rectifier's permit may
3-24 transport liquor from one wet area to another wet area across a dry
3-25 area if that route is necessary or convenient.
3-26 Sec. 14.05. CONSENT TO VEHICLE INSPECTION. A vehicle used
3-27 by the holder of a distiller's and rectifier's permit for the
4-1 transportation of liquor must be available for inspection by
4-2 commission personnel on request.
4-3 Sec. 14.06. DESIGNATION OF VEHICLES. Each vehicle used by
4-4 the holder of a distiller's and rectifier's permit for the
4-5 transportation of liquor within this state must be designated on
4-6 the exterior of the vehicle as required by the commission.
4-7 SECTION 8. Section 16.02, Alcoholic Beverage Code, is
4-8 amended to read as follows:
4-9 Sec. 16.02. FEE. The annual state fee for a winery permit
4-10 is $105 [$75].
4-11 SECTION 9. Chapter 16, Alcoholic Beverage Code, is amended
4-12 by adding Sections 16.08 and 16.09 to read as follows:
4-13 Sec. 16.08. TRANSPORTATION OF WINE. (a) The holder of a
4-14 winery permit may transport wine from the place of purchase or
4-15 manufacture to the permit holder's place of business and from the
4-16 place of sale or distribution to the purchaser in a vehicle owned
4-17 or leased in good faith by the permit holder or in a vehicle owned
4-18 or leased by the holder of an agent's permit if the transportation
4-19 is for a lawful purpose.
4-20 (b) The holder of a winery permit may transport wine from
4-21 one wet area to another wet area across a dry area if that route is
4-22 necessary or convenient.
4-23 Sec. 16.09. CONSENT TO VEHICLE INSPECTION. A vehicle used
4-24 by the holder of a winery permit for the transportation of wine
4-25 must be available for inspection by commission personnel on
4-26 request.
4-27 SECTION 10. Section 18.02, Alcoholic Beverage Code, is
5-1 amended to read as follows:
5-2 Sec. 18.02. FEE. The annual state fee for a wine bottler's
5-3 permit is $255 [$225].
5-4 SECTION 11. Chapter 18, Alcoholic Beverage Code, is amended
5-5 by adding Sections 18.04, 18.05, and 18.06 to read as follows:
5-6 Sec. 18.04. TRANSPORTATION OF WINE. (a) The holder of a
5-7 wine bottler's permit may transport wine from the place of purchase
5-8 or manufacture to the permit holder's place of business and from
5-9 the place of sale or distribution to the purchaser in a vehicle
5-10 owned or leased in good faith by the permit holder or in a vehicle
5-11 owned or leased by the holder of an agent's permit if the
5-12 transportation is for a lawful purpose.
5-13 (b) The holder of a wine bottler's permit may transport wine
5-14 from one wet area to another wet area across a dry area if that
5-15 route is necessary or convenient.
5-16 Sec. 18.05. CONSENT TO VEHICLE INSPECTION. A vehicle used
5-17 by the holder of a wine bottler's permit for the transportation of
5-18 wine must be available for inspection by commission personnel on
5-19 request.
5-20 Sec. 18.06. DESIGNATION OF VEHICLES. Each vehicle used by
5-21 the holder of a wine bottler's permit for the transportation of
5-22 wine within the state must be designated on the exterior of the
5-23 vehicle as required by the commission.
5-24 SECTION 12. Section 19.02, Alcoholic Beverage Code, is
5-25 amended to read as follows:
5-26 Sec. 19.02. FEE. The annual state fee for a wholesaler's
5-27 permit is $1,905 [$1,875].
6-1 SECTION 13. Chapter 19, Alcoholic Beverage Code, is amended
6-2 by adding Sections 19.05, 19.06, and 19.07 to read as follows:
6-3 Sec. 19.05. TRANSPORTATION OF LIQUOR. (a) The holder of a
6-4 wholesaler's permit may transport liquor from the place of purchase
6-5 to the permit holder's place of business and from the place of sale
6-6 or distribution to the purchaser in a vehicle owned or leased in
6-7 good faith by the permit holder or in a vehicle owned or leased by
6-8 the holder of an agent's permit if the transportation is for a
6-9 lawful purpose.
6-10 (b) The holder of a wholesaler's permit may transport liquor
6-11 from one wet area to another wet area across a dry area if that
6-12 route is necessary or convenient.
6-13 Sec. 19.06. CONSENT TO VEHICLE INSPECTION. A vehicle used
6-14 by the holder of a wholesaler's permit for the transportation of
6-15 liquor must be available for inspection by commission personnel on
6-16 request.
6-17 Sec. 19.07. DESIGNATION OF VEHICLES. Each vehicle used by
6-18 the holder of a wholesaler's permit for the transportation of
6-19 liquor within this state must be designated on the exterior of the
6-20 vehicle as required by the commission.
6-21 SECTION 14. Section 20.02, Alcoholic Beverage Code, is
6-22 amended to read as follows:
6-23 Sec. 20.02. FEE. The annual state fee for a general class B
6-24 wholesaler's permit is $330 [$300].
6-25 SECTION 15. Chapter 20, Alcoholic Beverage Code, is amended
6-26 by adding Sections 20.03, 20.04, and 20.05 to read as follows:
6-27 Sec. 20.03. TRANSPORTATION OF MALT AND VINOUS LIQUORS. (a)
7-1 The holder of a general class B wholesaler's permit may transport
7-2 malt and vinous liquors from the place of purchase to the permit
7-3 holder's place of business and from the place of sale or
7-4 distribution to the purchaser in a vehicle owned or leased in good
7-5 faith by the permit holder or in a vehicle owned or leased by the
7-6 holder of an agent's permit if the transportation is for a lawful
7-7 purpose.
7-8 (b) The holder of a general class B wholesaler's permit may
7-9 transport malt and vinous liquors from one wet area to another wet
7-10 area across a dry area if that route is necessary or convenient.
7-11 (c) The commission may adopt rules prescribing the manner in
7-12 which malt and vinous liquors may be transported in the state by
7-13 the holder of a general class B wholesaler's permit.
7-14 Sec. 20.04. CONSENT TO VEHICLE INSPECTION. A vehicle used
7-15 by the holder of a general class B wholesaler's permit for the
7-16 transportation of malt and vinous liquors must be available for
7-17 inspection by commission personnel on request.
7-18 Sec. 20.05. DESIGNATION OF VEHICLES. Each vehicle used by
7-19 the holder of a general class B wholesaler's permit for the
7-20 transportation of malt and vinous liquors within the state must be
7-21 designated on the exterior of the vehicle as required by the
7-22 commission.
7-23 SECTION 16. Section 21.02, Alcoholic Beverage Code, is
7-24 amended to read as follows:
7-25 Sec. 21.02. FEE. The annual state fee for a local class B
7-26 wholesaler's permit is $105 [$75].
7-27 SECTION 17. Chapter 21, Alcoholic Beverage Code, is amended
8-1 by adding Sections 21.03, 21.04, and 21.05 to read as follows:
8-2 Sec. 21.03. TRANSPORTATION OF MALT AND VINOUS LIQUORS. (a)
8-3 The holder of a local class B wholesaler's permit may transport
8-4 malt and vinous liquors from the place of purchase to the permit
8-5 holder's place of business and from the place of sale or
8-6 distribution to the purchaser in a vehicle owned or leased in good
8-7 faith by the permit holder or in a vehicle owned or leased by the
8-8 holder of an agent's permit if the transportation is for a lawful
8-9 purpose.
8-10 (b) The holder of a local class B wholesaler's permit may
8-11 transport malt and vinous liquors from one wet area to another wet
8-12 area across a dry area if that route is necessary or convenient.
8-13 (c) The commission may adopt rules prescribing the manner in
8-14 which malt and vinous liquors may be transported in the state by a
8-15 local class B wholesaler's permit holder.
8-16 Sec. 21.04. CONSENT TO VEHICLE INSPECTION. A vehicle used
8-17 by the holder of a local class B wholesaler's permit for the
8-18 transportation of malt and vinous liquors must be available for
8-19 inspection by commission personnel on request.
8-20 Sec. 21.05. DESIGNATION OF VEHICLES. Each vehicle used by
8-21 the holder of a local class B wholesaler's permit for the
8-22 transportation of malt and vinous liquors within the state must be
8-23 designated on the exterior of the vehicle as required by the
8-24 commission.
8-25 SECTION 18. Sections 64.07(b) and (c), Alcoholic Beverage
8-26 Code, are amended to read as follows:
8-27 (b) If delivery vehicles are shared by any number of
9-1 distributors who also hold any class of wholesaler's permits,
9-2 liquor or beer may be transported, and compliance with the
9-3 provisions of the motor carrier laws regarding engaging in the
9-4 business of transporting liquor for hire is not required. [The
9-5 provisions of Section 42.03 of this code do not apply and no
9-6 distributor or wholesaler shall be required to obtain the
9-7 certificate or permit described by that section to share a delivery
9-8 vehicle for the transportation of liquor or beer.]
9-9 [(c) The provisions of Subsections (a) and (b) of this
9-10 section that relate to shared delivery vehicles apply only to those
9-11 general, local, or branch distributors who hold a territorial
9-12 designation from a manufacturer under Section 102.51 of this code.]
9-13 SECTION 19. Chapter 42, Alcoholic Beverage Code, is
9-14 repealed.
9-15 SECTION 20. This Act takes effect September 1, 2001.