79R8801 T

By:  Gallegos                                                     S.B. No. 1416



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of alcoholic beverages.                              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 26, Alcoholic Beverage Code, is amended 
by adding Section 26.08 to read as follows:
	Sec. 26.08.  TRANSFER OF BEVERAGES.  The owner of more than 
one Wine and Beer Retailer's Off-Premise Permits who is also the 
holder of a local cartage permit may transfer alcoholic beverages 
within the manner described in Section 22.08 of this Code and time 
periods described in Section 105.051 of this Code, subject to rules 
prescribed by the commission.
	SECTION 2.  Chapter 43, Alcoholic Beverage Code, is amended 
by adding Section 43.01(c) to read as follows:
	(c)  A wine and beer retailer's off-premise permit holder who 
also holds a local cartage permit may transfer alcoholic beverages 
it is authorized to sell in accordance with Section 26.08 of this 
code.
	SECTION 3.  Section 43.04, Alcoholic Beverage Code, is 
amended to read as follows:
	The Commission may issue a local cartage permit to a 
warehouse or transfer company or to a holder of a package store, 
wine only package store, wine and beer retailer's off-premise 
permit, or local distributor's permit.
	SECTION 4.  Section 43.05, Alcoholic Beverage Code, is 
amended to read as follows:
	(a)  No local cartage permittee may transport alcoholic 
beverages [liquor] unless:
		(1)  a description of each vehicle used in the 
transportation, as required by the commission, has been submitted 
to the commission; and
		(2)  each vehicle has been plainly marked or lettered 
to indicate that it is being used for the transportation of 
alcoholic beverages [liquor] by a local cartage permittee.
	(b)  The transportation of alcoholic beverages [liquor] by a 
permittee in a vehicle not described and marked in accordance with 
this section is a violation of this code and is a ground for the 
cancellation of the permit.
	SECTION 5.  Section 43.06, Alcoholic Beverage Code, is 
amended to read as follows:
	No holder of a local cartage permit may for hire transport 
alcoholic beverages [liquor] between incorporated cities or towns 
in this state.
	SECTION 6.  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.