By:  Cain                                             S.B. No. 1233
         2001S0680/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of certain alcoholic beverage
 1-3     regulations to the holder of a food and beverage certificate.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (e), Section 25.13, Alcoholic Beverage
 1-6     Code, is amended to read as follows:
 1-7           (e)  [Except for] Section 11.11 does not[, the statutory
 1-8     provisions and rules applying to the holder of a wine and beer
 1-9     retailer's permit as of January 1, 1996, and any applicable law
1-10     enacted by the 74th Legislature, Regular Session, 1995, also] apply
1-11     to the holder of a food and beverage certificate.  [A statutory
1-12     provision or rule applicable to a holder of a wine and beer
1-13     retailer's permit enacted after January 1, 1996, does not apply to
1-14     a holder of a food and beverage certificate unless the statute or
1-15     rule specifically refers to its application to a holder of a food
1-16     and beverage certificate.]
1-17           SECTION 2.  Subsection (f), Section 28.18, Alcoholic Beverage
1-18     Code, is amended to read as follows:
1-19           (f)  [Except for] Section 11.11 does not[, the statutory
1-20     provisions and rules applying to the holder of a mixed beverage
1-21     permit as of January 1, 1996, and any applicable law enacted by the
1-22     74th Legislature, Regular Session, 1995, also] apply to the holder
1-23     of a food and beverage certificate.  [A statutory provision or rule
1-24     applicable to a holder of a mixed beverage permit enacted after
1-25     January 1, 1996, does not apply to a holder of a food and beverage
 2-1     certificate unless the statute or rule specifically refers to its
 2-2     application to a holder of a food and beverage certificate.]
 2-3           SECTION 3.  Subsection (f), Section 32.23, Alcoholic Beverage
 2-4     Code, is amended to read as follows:
 2-5           (f)  [Except for] Section 11.11 does not[, the statutory
 2-6     provisions and rules applying to the holder of a private club
 2-7     permit as of January 1, 1996, and any applicable law enacted by the
 2-8     74th Legislature, Regular Session, 1995, also] apply to the holder
 2-9     of a food and beverage certificate.  [A statutory provision or rule
2-10     applicable to a holder of a private club permit enacted after
2-11     January 1, 1996, does not apply to a holder of a food and beverage
2-12     certificate unless the statute or rule specifically refers to its
2-13     application to a holder of a food and beverage certificate.]
2-14           SECTION 4.  Subsection (e), Section 69.16, Alcoholic Beverage
2-15     Code, is amended to read as follows:
2-16           (e)  [Except for] Section 61.13 does not[, the statutory
2-17     provisions and rules applying to the holder of a retail dealer's
2-18     on-premise license as of January 1, 1996, and any applicable law
2-19     enacted by the 74th Legislature, Regular Session, 1995, also] apply
2-20     to the holder of a food and beverage certificate.  [A statutory
2-21     provision or rule applicable to a holder of a retail dealer's
2-22     on-premise license enacted after January 1, 1996, does not apply to
2-23     a holder of a food and beverage certificate unless the statute or
2-24     rule specifically refers to its application to a holder of a food
2-25     and beverage certificate.]
2-26           SECTION 5.  This Act takes effect September 1, 2001.