By: Cain S.B. No. 1234
2001S0685/1
A BILL TO BE ENTITLED
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
1-5 amended to read as follows:
1-6 Sec. 32.06. Pool System. (a) The pool system of storage
1-7 may 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 a club by a third
1-11 party, related or unrelated to the club, that is guaranteed by all
1-12 the members. A loan for the original purchase may be repaid from
1-13 an alcoholic beverages replacement account. The replacement of all
1-14 alcoholic beverages shall be paid for either by money assessed
1-15 equally from each member and collected in advance or by the
1-16 establishment of an alcoholic beverages replacement account in
1-17 which a designated percentage of each charge for the service of
1-18 alcoholic beverages, as determined by the club's governing body, is
1-19 deposited.
1-20 (b) Except as provided by Subsection (c), [If] an alcoholic
1-21 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;
1-25 (2) no money other than the designated percentage of
2-1 service charges may be deposited in the replacement account;
2-2 (3) the replacement of alcoholic beverages may be paid
2-3 for only from money in the replacement account;
2-4 (4) the club's governing body may transfer from the
2-5 replacement account to the club's general operating account any
2-6 portion of the replacement account that the governing body
2-7 determines is in excess of the amount that will be needed to
2-8 purchase replacement alcoholic beverages or to repay a loan for the
2-9 original purchase of alcoholic beverages, but it may make only one
2-10 transfer in a calendar month; and
2-11 (5) the club shall maintain a monthly record of the
2-12 total amount of alcoholic beverage service charges collected, the
2-13 amount deposited in the replacement account, the amount used to
2-14 purchase alcoholic beverages or to repay a loan for the original
2-15 purchase of alcoholic beverages, and the amount transferred to the
2-16 club's general operating account.
2-17 (c) A private club may combine the club's alcoholic
2-18 beverages replacement account, general operating account, and any
2-19 other account into a single master account if the master account is
2-20 maintained in accordance with generally accepted accounting
2-21 principles and the club is able to generate statements of the funds
2-22 allocated to each component account. If the club contracts with a
2-23 third party to provide management or other services for the club
2-24 and the third party provides similar services to one or more other
2-25 clubs, the club may permit the club's master account to be combined
2-26 with the master accounts of other clubs overseen by the third party
3-1 provided that the combined account is maintained in accordance with
3-2 generally accepted accounting principles and the third party is
3-3 able to generate statements of the funds allocated to each
3-4 component account for review on request by the commission.
3-5 SECTION 2. This Act takes effect September 1, 2001.