79R15258 MCK-D
By: Eissler H.B. No. 193
Substitute the following for H.B. No. 193:
By: Geren C.S.H.B. No. 193
A BILL TO BE ENTITLED
AN ACT
relating to requiring the registration of certain containers of
alcoholic beverages; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Alcoholic Beverage Code, is amended by
adding Chapter 111 to read as follows:
CHAPTER 111. KEG REGISTRATION
Sec. 111.01. DEFINITION. In this chapter, "keg" means a
container that is designed to:
(1) hold four gallons or more of an alcoholic
beverage; and
(2) dispense the alcoholic beverage directly from the
container for purposes of consumption.
Sec. 111.02. APPLICABILITY. This chapter applies only to a
keg sold by a retailer to an ultimate consumer.
Sec. 111.03. KEG REGISTRATION LABEL REQUIRED. (a) A
license or permit holder may not sell an alcoholic beverage in a keg
for off-premises consumption unless the license or permit holder
affixes a keg registration label to the keg before the purchaser
takes possession of the keg.
(b) The keg registration label must include:
(1) a keg registration number;
(2) the name, address, telephone number, and license
or permit number of the license or permit holder; and
(3) any other information required by the commission.
(c) The commission shall prescribe and furnish keg
registration labels.
Sec. 111.04. KEG REGISTRATION DECLARATION AND RECEIPT FORM
REQUIRED. (a) Before a license or permit holder sells an alcoholic
beverage in a keg for off-premises consumption, the license or
permit holder shall require the purchaser to complete a keg
registration declaration and receipt form.
(b) The keg registration declaration and receipt form must
contain:
(1) the name and address of the purchaser;
(2) the keg registration number;
(3) the date and time of the purchase;
(4) the form of identification presented by the
purchaser;
(5) a statement signed by the purchaser indicating
that the purchaser:
(A) is 21 years of age or older;
(B) does not intend to allow persons under 21
years of age to consume the alcoholic beverage purchased; and
(C) will not remove or obliterate or allow the
removal or obliteration of the registration label affixed to the
keg; and
(6) any other information required by the commission.
(c) A purchaser who obtains alcoholic beverages in more than
one keg from a license or permit holder on the same date in a single
transaction may complete one keg registration declaration and
receipt form for all kegs purchased in the single transaction. In a
single transaction each keg may be listed on the same keg
registration declaration and receipt form.
(d) The license or permit holder shall verify the
information provided by the purchaser under Subsection (b)(1) with
a form of identification as prescribed by commission rule.
(e) The commission shall prescribe and furnish the keg
registration declaration and receipt form required by this section.
Sec. 111.05. RECORDKEEPING. (a) A license or permit holder
shall maintain for a period of one year an accurate record of all
keg registration declaration and receipt forms and other
documentation relating to the license or permit holder's sale of an
alcoholic beverage in a keg for off-premises consumption, including
the keg registration label, at the place of business designated in
the license or permit.
(b) The license or permit holder shall make the records
relating to the sale of an alcoholic beverage in a keg open to
inspection by the commission or law enforcement officers at
reasonable dates and times.
Sec. 111.06. REMOVAL OF KEG REGISTRATION LABEL PROHIBITED.
A person other than the license or permit holder who sold the
alcoholic beverage in the keg may not remove, alter, deface, or
obliterate the keg registration label affixed to the keg.
Sec. 111.07. TRANSFER OF REGISTERED KEG. (a) Except as
authorized by the commission, a person may not transfer possession
of a registered keg to another person.
(b) This section does not apply to the return of the
registered keg to the license or permit holder.
Sec. 111.08. RETURN OF KEG. (a) On the return of a
registered keg by a purchaser, the license or permit holder shall:
(1) remove the keg registration label from the keg;
and
(2) indicate the return of the keg on the keg
registration declaration and receipt form.
(b) If a keg is returned without a keg registration label or
with a keg registration label that has been altered, defaced, or
obliterated, the license or permit holder shall report the name of
the person who purchased the keg to the commission and the local law
enforcement agency.
Sec. 111.09. CRIMINAL OFFENSES. (a) A person other than a
license or permit holder commits an offense if the person possesses
a keg containing an alcoholic beverage that does not have a keg
registration label affixed to the keg.
(b) A person commits an offense if the person removes,
alters, defaces, or obliterates the keg registration label affixed
to a keg in violation of this chapter.
(c) An offense under this section is a Class C misdemeanor.
Sec. 111.10. DEFENSE. It is a defense to prosecution under
Section 111.09 that:
(1) the person is the purchaser of the keg or another
person authorized to possess the keg;
(2) the keg was stolen; and
(3) the theft was reported by the purchaser or other
person authorized to possess the keg to the local law enforcement
agency within 24 hours of the theft.
SECTION 2. (a) The Texas Alcoholic Beverage Commission
shall adopt all rules, forms, and labels necessary to implement
Chapter 111, Alcoholic Beverage Code, as added by this Act, not
later than June 1, 2006.
(b) A license or permit holder authorized to sell alcoholic
beverages is not required to comply with the requirements of
Chapter 111, Alcoholic Beverage Code, as added by this Act, before
June 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.