77R15835 AJA-D                          
         By Jackson, et al.                                    S.B. No. 1684
         Substitute the following for S.B. No. 1684:
         By Haggerty                                       C.S.S.B. No. 1684
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to removal of malt liquor, ale, and beer from the premises
 1-3     of a holder of a mixed beverage permit and a brewpub license.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 28.10, Alcoholic Beverage Code, is
 1-6     amended to read as follows:
 1-7           Sec. 28.10.  CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS.
 1-8     (a)  Except as provided [permitted] by [Subsection (b) of] this
 1-9     section or Section 28.01(b) [and by Subsection (b) of Section
1-10     28.01], a mixed beverage permittee may not sell an alcoholic
1-11     beverage to another mixed beverage permittee or to any other person
1-12     except for consumption on the seller's licensed premises.
1-13           (b)  A mixed beverage permittee may not permit any person to
1-14     take any alcoholic beverage purchased on the licensed premises from
1-15     the premises where sold, except that:
1-16                 (1)  a person who orders wine with food and has a
1-17     portion of the open container remaining may remove the open
1-18     container of wine from the premises; and
1-19                 (2)  a mixed beverage permittee who also holds a
1-20     brewpub license may sell or offer without charge on the premises of
1-21     the brewpub, to an ultimate consumer for consumption on or off the
1-22     premises, malt liquor, ale, or beer produced by the permittee, in
1-23     or from a lawful container in an amount that does not exceed
1-24     one-half barrel, provided that the aggregate amount of malt liquor,
 2-1     ale, and beer removed from the premises under this subdivision does
 2-2     not exceed 1,000 barrels annually.
 2-3           SECTION 2.  This Act takes effect September 1, 2001.