79R13173 MCK-F


By:  Denny                                                        H.B. No. 3196

Substitute the following for H.B. No. 3196:                                   

By:  Quintanilla                                              C.S.H.B. No. 3196



A BILL TO BE ENTITLED

AN ACT

relating to certain temporary wine and beer retailer's permits.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 27.03, Alcoholic Beverage Code, is 
amended to read as follows:
	Sec. 27.03.  DURATION OF PERMIT.  (a)  Except as provided by 
Subsection (b), a [A] temporary wine and beer retailer's permit may 
be issued for a period of not more than four days.
	(b)  A temporary wine and beer retailer's permit issued under 
Section 27.07 may be issued for a period of five days.  On notice to 
the commission, the commission may extend the permit for one 
additional day to accommodate the postponement of scheduled racing 
events due to an act of nature.
	SECTION 2.  Section 27.05(b), Alcoholic Beverage Code, is 
amended to read as follows:
	(b)  The permits shall be issued only for the sale of 
authorized alcoholic beverages at picnics, celebrations, or 
similar events, or events described by Section 27.07.
	SECTION 3.  Subchapter A, Chapter 27, Alcoholic Beverage 
Code, is amended by adding Section 27.07 to read as follows:
	Sec. 27.07.  USE OF PERMIT IN CERTAIN RACING FACILITIES.  (a)  
The commission may issue a temporary wine and beer retailer's 
permit to the holder of a mixed beverage permit covering premises 
located in a facility with a seating capacity of more than 150,000 
that is open to the public for use in areas of the facility not 
otherwise covered by a license or permit during a motor vehicle 
racing event sponsored by a professional motor racing association.
	(b)  The commission may not issue more than four temporary 
wine and beer retailer's permits under this section in a calendar 
year to a mixed beverage permit holder.
	(c)  The holder of a temporary wine and beer retailer's 
permit under this section may not engage in the following 
activities on the areas covered by the permit:
		(1)  sell alcoholic beverages in factory-sealed 
containers;          
		(2)  sell more than two drinks to a single consumer at 
one time;     
		(3)  sell alcoholic beverages at more than 50 percent 
of the food and beverage concession stands that are open for 
business at any one time; and
		(4)  sell alcoholic beverages after:                                   
			(A)  75 percent of the feature race is complete on 
the day that race is held; and
			(B)  one hour before the scheduled completion of 
the last spectator event on a day other than the feature race day.
	SECTION 4.  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.