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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase of alcoholic beverages by the holder of a |
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mixed beverage permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 28.07(a) and (b), Alcoholic Beverage |
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Code, are amended 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 distributors, the permit |
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holder [he] may purchase alcoholic beverages in the nearest county |
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where local distributors are located and may transport them to the |
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permit holder's [his] premises provided that the permit holder [he] |
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is also a holder of a beverage cartage permit. The transporter may |
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acquire the alcoholic beverages only on the written order of the |
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holder of the mixed beverage permit. The alcoholic beverages must |
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be accompanied by a written statement furnished and signed by the |
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local distributor showing the name and address of the consignee and |
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consignor, the origin and destination of the shipment, and any |
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other information required by the commission or administrator. The |
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person in charge of the alcoholic beverages while they are being |
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transported shall exhibit the written statement to any |
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representative of the commission or any peace officer on demand, |
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and the statement shall be accepted by the representative or |
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officer as prima facie evidence of the lawful right to transport the |
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alcoholic beverages. |
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SECTION 2. 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 3. 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. |