| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the purchase of alcoholic beverages by the holder of a |
|
|
mixed beverage permit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 28.07(a) and (b), Alcoholic Beverage |
|
|
Code, are amended to read as follows: |
|
|
(a) Except as otherwise provided by this section, all [All] |
|
|
distilled spirits sold by a holder of a mixed beverage permit must |
|
|
be purchased from a holder of a local distributor's permit in the |
|
|
county in which the premises of a mixed beverage permittee is |
|
|
located. |
|
|
(b) If a holder of a mixed beverage permit is in a county |
|
|
where there are not at least two [no] local distributors, the permit |
|
|
holder [he] may purchase alcoholic beverages in the nearest county |
|
|
where local distributors are located and may transport them to the |
|
|
permit holder's [his] premises provided that the permit holder [he] |
|
|
is also a holder of a beverage cartage permit. The transporter may |
|
|
acquire the alcoholic beverages only on the written order of the |
|
|
holder of the mixed beverage permit. The alcoholic beverages must |
|
|
be accompanied by a written statement furnished and signed by the |
|
|
local distributor showing the name and address of the consignee and |
|
|
consignor, the origin and destination of the shipment, and any |
|
|
other information required by the commission or administrator. The |
|
|
person in charge of the alcoholic beverages while they are being |
|
|
transported shall exhibit the written statement to any |
|
|
representative of the commission or any peace officer on demand, |
|
|
and the statement shall be accepted by the representative or |
|
|
officer as prima facie evidence of the lawful right to transport the |
|
|
alcoholic beverages. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to the purchase of an alcoholic beverage on or after the effective |
|
|
date of this Act. The purchase of an alcoholic beverage before the |
|
|
effective date of this Act is governed by the law in effect |
|
|
immediately before that date, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. 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, 2007. |