78(R) HB 941 - Senate Committee Report version


                                                                                


By:  Chisum (Senate Sponsor - Estes)                              H.B. No. 941
	(In the Senate - Received from the House April 28, 2003; 
May 1, 2003, read first time and referred to Committee on Business 
and Commerce; May 9, 2003, reported favorably by the following 
vote:  Yeas 9, Nays 0; May 9, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the export of certain beer, malt liquor, and ale.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 19, Alcoholic Beverage Code, is amended 
by adding Section 19.05 to read as follows:
	Sec. 19.05.  ALE AND MALT LIQUOR FOR EXPORT.  (a)  In this 
section "ale or malt liquor for export" means ale or malt liquor a 
wholesaler holds for export to another state in which the 
wholesaler has been assigned a territory for the distribution and 
sale of the ale or malt liquor.  The term includes ale and malt 
liquor that is illegal to sell in this state because of alcohol 
content, containers, packages, or labels.
	(b)  The holder of a wholesaler's permit who receives ale or 
malt liquor for export from the holder of a brewer's or nonresident 
brewer's permit may:
		(1)  store the ale or malt liquor for export at the 
wholesaler's premises;
		(2)  transport the ale or malt liquor for export 
outside the state in the wholesaler's own vehicles; or
		(3)  deliver the ale or malt liquor for export to a 
common carrier for export and delivery outside the state.
	(c)  The holder of a wholesaler's permit is not liable for 
any state tax on the ale or malt liquor for export.
	(d)  Section 101.67 does not apply to ale or malt liquor for 
export.  
	SECTION 2.  Chapter 20, Alcoholic Beverage Code, is amended 
by adding Section 20.03 to read as follows:
	Sec. 20.03.  ALE AND MALT LIQUOR FOR EXPORT.  (a)  In this 
section "ale or malt liquor for export" means ale or malt liquor a 
wholesaler holds for export to another state in which the 
wholesaler has been assigned a territory for the distribution and 
sale of the ale or malt liquor.  The term includes ale and malt 
liquor that is illegal to sell in this state because of alcohol 
content, containers, packages, or labels.
	(b)  The holder of a general class B wholesaler's permit who 
receives ale or malt liquor for export from the holder of a brewer's 
or nonresident brewer's permit may:
		(1)  store the ale or malt liquor for export at the 
wholesaler's premises;
		(2)  transport the ale or malt liquor for export 
outside the state in the wholesaler's own vehicles; or
		(3)  deliver the ale or malt liquor for export to a 
common carrier for export and delivery outside the state.
	(c)  The holder of a general class B wholesaler's permit is 
not liable for any state tax on the ale or malt liquor for export.
	(d)  Section 101.67 does not apply to ale or malt liquor for 
export.  
	SECTION 3.  Chapter 21, Alcoholic Beverage Code, is amended 
by adding Section 21.03 to read as follows:
	Sec. 21.03.  ALE AND MALT LIQUOR FOR EXPORT.  (a)  In this 
section "ale or malt liquor for export" means ale or malt liquor a 
wholesaler holds for export to another state in which the 
wholesaler has been assigned a territory for the distribution and 
sale of the ale or malt liquor.  The term includes ale and malt 
liquor that is illegal to sell in this state because of alcohol 
content, containers, packages, or labels.
	(b)  The holder of a local class B wholesaler's permit who 
receives malt liquor or ale for export from the holder of a brewer's 
or nonresident brewer's permit may:
		(1)  store the ale or malt liquor for export at the 
wholesaler's premises;
		(2)  transport the ale or malt liquor for export 
outside the state in the wholesaler's own vehicles; or
		(3)  deliver the ale or malt liquor for export to a 
common carrier for export and delivery outside the state.
	(c)  The holder of a local class B wholesaler's permit is not 
liable for any state tax on the ale or malt liquor for export.
	(d)  Section 101.67 does not apply to ale or malt liquor for 
export.  
	SECTION 4.  Chapter 64, Alcoholic Beverage Code, is amended 
by adding Section 64.09 to read as follows:
	Sec. 64.09.  BEER FOR EXPORT.  (a)  In this section "beer for 
export" means beer a distributor holds for export to another state 
in which the distributor has been assigned a territory for the 
distribution and sale of the beer.  The term includes beer that is 
illegal to sell in this state because of alcohol content, 
containers, packages, or labels.
	(b)  The holder of a general distributor's license who 
receives beer for export from the holder of a manufacturer's or 
nonresident manufacturer's license may:
		(1)  store the beer for export at the distributor's 
premises;        
		(2)  transport the beer for export outside the state in 
the distributor's own vehicles; or
		(3)  deliver the beer for export to a common carrier for 
export and delivery outside the state.
	(c)  The holder of a general distributor's license is not 
liable for any state tax on the beer for export.
	(d)  Section 101.67 does not apply to beer for export.                  
	SECTION 5.  Chapter 65, Alcoholic Beverage Code, is amended 
by adding Section 65.08 to read as follows:
	Sec. 65.08.  BEER FOR EXPORT.  (a)  In this section "beer for 
export" means beer a distributor holds for export to another state 
in which the distributor has been assigned a territory for the 
distribution and sale of the beer.  The term includes beer that is 
illegal to sell in this state because of alcohol content, 
containers, packages, or labels.
	(b)  The holder of a local distributor's license who receives 
beer for export from the holder of a manufacturer's or nonresident 
manufacturer's license may:
		(1)  store the beer for export at the distributor's 
premises;        
		(2)  transport the beer for export outside the state in 
the distributor's own vehicles; or
		(3)  deliver the beer for export to a common carrier for 
export and delivery outside the state.
	(c)  The holder of a local distributor's license is not 
liable for any state tax on the beer for export.
	(d)  Section 101.67 does not apply to beer for export.                  
	SECTION 6.  Chapter 66, Alcoholic Beverage Code, is amended 
by adding Section 66.11 to read as follows:
	Sec. 66.11.  BEER FOR EXPORT.  (a)  In this section "beer for 
export" means beer a distributor holds for export to another state 
in which the distributor has been assigned a territory for the 
distribution and sale of the beer.  The term includes beer that is 
illegal to sell in this state because of alcohol content, 
containers, packages, or labels.
	(b)  The holder of a branch distributor's license who 
receives beer for export from the holder of a manufacturer's or 
nonresident manufacturer's license may:
		(1)  store the beer for export at the distributor's 
premises;        
		(2)  transport the beer for export outside the state in 
the distributor's own vehicles; or
		(3)  deliver the beer for export to a common carrier for 
export and delivery outside the state.
	(c)  The holder of a branch distributor's license is not 
liable for any state tax on the beer for export.
	(d)  Section 101.67 does not apply to beer for export.                  
	SECTION 7.  This Act takes effect September 1, 2003.                           



* * * * *