By: Taylor (Senate Sponsor - Jackson) H.B. No. 1248
         (In the Senate - Received from the House April 26, 2007;
  May 1, 2007, read first time and referred to Committee on Business
  and Commerce; May 10, 2007, reported favorably by the following
  vote:  Yeas 7, Nays 0; May 10, 2007, sent to printer.)
 
 
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.
 
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