1-1     By:  Jackson                                          S.B. No. 1684
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Business and Commerce;
 1-4     April 11, 2001, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; April 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to removal of malt liquor, ale, and beer from the premises
 1-9     of a holder of a mixed beverage permit and a brewpub license.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 28.10, Alcoholic Beverage Code, is
1-12     amended to read as follows:
1-13           Sec. 28.10.  CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS.
1-14     (a)  Except as provided [permitted] by [Subsection (b) of] this
1-15     section or Section 28.01(b) [and by Subsection (b) of Section
1-16     28.01], a mixed beverage permittee may not sell an alcoholic
1-17     beverage to another mixed beverage permittee or to any other person
1-18     except for consumption on the seller's licensed premises.
1-19           (b)  A mixed beverage permittee may not permit any person to
1-20     take any alcoholic beverage purchased on the licensed premises from
1-21     the premises where sold, except that:
1-22                 (1)  a person who orders wine with food and has a
1-23     portion of the open container remaining may remove the open
1-24     container of wine from the premises; and
1-25                 (2)  a mixed beverage permittee who also holds a
1-26     brewpub license may sell or offer without charge on the premises of
1-27     the brewpub, to ultimate consumers for consumption on or off the
1-28     premises, malt liquor, ale, or beer produced by the permittee, in
1-29     or from a lawful container, provided that the aggregate amount of
1-30     malt liquor, ale, and beer removed from the premises under this
1-31     subdivision does not exceed 1,000 barrels annually.
1-32           SECTION 2.  This Act takes effect September 1, 2001.
1-33                                  * * * * *