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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase and transport of alcoholic beverages by |
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the holder of a mixed beverage permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a |
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local distributor's permit also holds a local cartage permit, the |
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permittee [he] may transfer: |
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(1) alcoholic beverages: |
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(A) [(1)] to any place where the sale of |
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alcoholic beverages is legal in the city or county where the local |
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distributor's permittee's [his] premises are located; and |
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(B) [(2)] to a regional airport located all or |
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partly in an adjoining county if the airport is governed by a board, |
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commission, or authority, some of whose members reside in the |
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county where the local distributor's permittee's premises are |
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located; and |
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(2) distilled spirits and wine to the premises of a |
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mixed beverage permittee that is located in an area described by |
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Section 28.07(d). |
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SECTION 2. Section 28.07, Alcoholic Beverage Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(d) and (e) to read as follows: |
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(a) Except as otherwise provided by this section, all [All] |
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distilled spirits sold by a holder of a mixed beverage permit must |
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be purchased from a holder of a local distributor's permit in the |
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county in which the premises of a mixed beverage permittee is |
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located. |
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(b) If a holder of a mixed beverage permit is in a county |
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where there are not at least two [no] local distributor's |
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permittees of separate ownership actively engaged in the |
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distribution of distilled spirits [distributors], the permit |
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holder [he] may purchase alcoholic beverages in the nearest county |
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where local distributor's permittees [distributors] are located |
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and may transport them to the permit holder's [his] premises |
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provided that the permit holder [he] is also a holder of a beverage |
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cartage permit. The transporter may acquire the alcoholic |
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beverages only on the written order of the holder of the mixed |
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beverage permit. The alcoholic beverages must be accompanied by a |
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written statement furnished and signed by the local distributor's |
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permittee [distributor] showing the name and address of the |
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consignee and consignor, the origin and destination of the |
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shipment, and any other information required by the commission or |
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administrator. The person in charge of the alcoholic beverages |
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while they are being transported shall exhibit the written |
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statement to any representative of the commission or any peace |
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officer on demand, and the statement shall be accepted by the |
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representative or officer as prima facie evidence of the lawful |
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right to transport the alcoholic beverages. |
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(d) A mixed beverage permittee located in a county that has |
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a population of 600,000 or more in which there are not at least |
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eight local distributor's permittees of separate ownership |
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actively engaged in the distribution of distilled spirits and which |
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is adjacent to a county with a population in excess of two million |
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may purchase distilled spirits and wine in the nearest county where |
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local distributor's permittees are located and may transport them |
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to the mixed beverage permittee's premises under the same |
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conditions set forth in Subsection (b) for the transfer of |
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alcoholic beverages. |
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(e) Sections 102.56(b), (c), and (d) apply to mixed beverage |
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permittees covered by this section and purchases of alcoholic |
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beverages covered by this section, and purchases of alcoholic |
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beverages covered by this section are subject to the restrictions |
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prescribed by those sections. |
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SECTION 3. The change in law made by this Act applies only |
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to the purchase of an alcoholic beverage on or after the effective |
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date of this Act. The purchase of an alcoholic beverage before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |