H.B. No. 2064
relating to private club alcoholic beverage permits issued to a
fraternal or veterans organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.11, Alcoholic Beverage Code, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) The permit fee imposed by Section 32.02 [
of this code]
and the provisions of Sections 32.03 and 32.10 [ of this code]
requiring regular food service and prohibiting guests from paying
in cash do not apply to a private club established by a fraternal or
veterans organization. The private club is [ Those organizations
are] also exempt from Sections 32.05 and 32.06 [ of this code], and
the members of the club [ organization] may use any club funds owned
by them jointly, including revenue from the service of alcoholic
beverages, to replenish their joint stock of alcoholic beverages.
(e) A fraternal or veterans organization that holds a
permit under this chapter and the private club established under
that permit are considered separate entities for the purposes of
determining compliance with and enforcing this code. The fraternal
or veterans organization shall establish a membership committee for
the permitted entity for the purposes of Sections 32.03(c) and (d).
Membership in the private club is governed by this code. Membership
in the fraternal or veterans organization is not subject to the
requirements of this code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2064 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
Chief Clerk of the House
I certify that H.B. No. 2064 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate