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Amend CSSB 1255 by adding the following:
Section 103.07, Alcoholic Beverage Code, is amended to read
as follows:
Sec. 103.07. BEVERAGE OF ILLICIT MANUFACTURE OR UNFIT FOR
CONSUMPTION. (a) The commission may not sell [but may destroy]
alcoholic beverages seized by a peace officer, as provided in
Section 103.03, that are unfit for public consumption or are of
illicit manufacture.
(b) Alcoholic beverages are unfit for public consumption if:
(1) the manufacturer or wholesaler of the beverages
determines that the beverages are inappropriate for sale to a
consumer;
(2) the beverages are damaged; or
(3) the code date affixed by the manufacturer to the
beverages has expired.
(c) If the commission determines that seized alcoholic
beverages are unfit for public consumption or are of illicit
manufacture, the commission shall destroy the alcoholic beverages.
SECTION 26. Section 103.22, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 103.22. COSTS OF FORFEITURE SUITS. The commission is
entitled to recover from the proceeds of a forfeiture sale [shall
pay] all costs of a forfeiture suit brought under this chapter,
including:
(1) all usual court costs, including the cost of
serving process;
(2) expenses of the forfeiture sale; and
(3) reasonable attorney's fees [suits out of the
confiscated liquor fund or any other fund available to the
commission for that purpose].