79R8612 AJA-F


By:  Goolsby                                                      H.B. No. 2065



A BILL TO BE ENTITLED

AN ACT

relating to operation of the holder of a private club registration 
permit under the Alcoholic Beverage Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 32.03(d), Alcoholic Beverage Code, is 
amended to read as follows:
	(d)  No application for membership may be approved until the 
application has been filed with the chairman of the membership 
committee or board and approved by the chairman.  The committee or 
board may authorize the chairman or a designated agent to issue 
preliminary memberships without the approval of the committee or 
board for a period not exceeding seven [three] days on the request 
of an applicant for membership.  A preliminary member has all of the 
privileges of membership in the club.  If the committee or board 
does not approve the application before the expiration of the 
preliminary membership, the club shall pay to the state a [the] fee 
of $3 [required of temporary members under Section 32.09 of this 
code].  The club shall remit the fees and record and report 
preliminary memberships as the commission or the administrator 
prescribes.
	SECTION 2.  Section 32.06(b), Alcoholic Beverage Code, is 
amended to read as follows:
	(b)  If an alcoholic beverages replacement account is used:                    
		(1)  each service check may [shall] have printed on it 
the percentage of the service charge that is to be deposited in the 
alcoholic beverages replacement account;
		(2)  no money other than the designated percentage of 
service charges may be deposited in the replacement account;
		(3)  the replacement of alcoholic beverages may be paid 
for only from money in the replacement account;
		(4)  the club's governing body may transfer from the 
replacement account to the club's general operating account any 
portion of the replacement account that the governing body 
determines is in excess of the amount that will be needed to 
purchase replacement alcoholic beverages or repay a loan for the 
original purchase of alcoholic beverages, but it may make only one 
transfer in a calendar month;  and
		(5)  the club shall maintain a monthly record of the 
total amount of alcoholic beverage service charges collected, the 
amount deposited in the replacement account, the amount used to 
purchase alcoholic beverages or repay a loan for the original 
purchase of alcoholic beverages, and the amount transferred to the 
club's general operating account.
	SECTION 3.  This Act takes effect September 1, 2005.