80R2810 MCK-D
 
  By: Taylor H.B. No. 1248
 
A BILL TO BE ENTITLED
AN ACT
relating to the sale of mixed beverages aboard certain passenger
vessels.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 28.13, Alcoholic Beverage Code, is
amended by adding Subsections (a-1) and (f) and amending
Subsections (d) and (e) to read as follows:
       (a-1) A mixed beverage permit may be issued for a regularly
scheduled excursion boat that is licensed by the United States
Coast Guard to carry passengers on the navigable waters of the state
if:
             (1)  the boat:
                   (A)  carries at least 45 passengers;
                   (B)  weighs at least 35 gross tons; and
                   (C)  is at least 55 feet long;
             (2)  the home port of the boat is in an area where the
sale of mixed beverages is legal; and
             (3)  the owner or operator of the boat is the sole
permit holder for the boat.
       (d)  A mixed beverage permit may be issued under this section
to a boat regularly used for voyages in international waters
regardless of whether the sale of mixed beverages is lawful in the
area of the home port. A person having authority to deliver
alcoholic beverages to a mixed beverage permit holder in the county
where the licensed premises is located may deliver alcoholic
beverages purchased by the permit holder. Subsections [Subsection]
(a)(2) and (a-1)(2) do [does] not apply to this subsection.
       (e)  The provisions of Section 109.53 that relate to
residency requirements and compliance with Texas laws of
incorporation:
             (1)  do not apply to the holders of a mixed beverage
permit under Subsection (a); and
             (2)  do apply to the holder of a mixed beverage permit
under Subsection (a-1) [this section].
       (f)  A permit for an excursion boat issued under Subsection
(a-1) is inoperative in a dry area.
       SECTION 2.  This Act takes effect September 1, 2007.