By: Goolsby (Senate Sponsor - Carona) H.B. No. 2065
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on Business
and Commerce; May 19, 2005, reported favorably by the following
vote: Yeas 8, Nays 0; May 19, 2005, sent to printer.)
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.
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