By: Miles (Senate Sponsor - Gallegos) H.B. No. 3123

(In the Senate - Received from the House May 8, 2007; May 10, 2007, read first time and referred to Committee on Business and Commerce; May 16, 2007, reported favorably by the following vote: Yeas 9, Nays 0; May 16, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to involvement in charitable events by holders of alcoholic beverage licenses and permits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 109.58, Alcoholic Beverage Code, is amended to read as follows:

Sec. 109.58. RELAXATION OF RESTRICTIONS AS TO CHARITABLE EVENTS. (a) This code does not prohibit permit and license holders engaged in the alcoholic beverage industry at different levels from simultaneously or jointly sponsoring a civic, religious, or charitable event, including by providing or lending money, services, or other things of value directly to a civic, religious, or charitable entity in conjunction with the event, provided that:

(1) any license or permit to sell or serve alcoholic beverages at the event is held by a retailer who is independent of the sponsors; and

(2) none of the retailers who sponsor the event, if any, receive any direct benefit or service because of joint sponsorship by a wholesaler or manufacturer of alcoholic beverages.

(b) The commission by rule may set definite limitations consistent with the general provisions of this code that relax the restrictions of this code with respect to the sponsoring of a civic, religious, or charitable event or the making of a gift to civic, religious, or charitable organizations by permit and license holders engaged in the alcoholic beverage industry at different levels [the liquor or the wine industry].

SECTION 2. This Act takes effect September 1, 2007.

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