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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the registration of certain containers of |
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alcoholic beverages; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Alcoholic Beverage Code, is amended by |
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adding Chapter 111 to read as follows: |
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CHAPTER 111. KEG REGISTRATION |
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Sec. 111.01. DEFINITION. In this chapter, "keg" means a |
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container that is designed to: |
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(1) hold four gallons or more of an alcoholic |
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beverage; and |
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(2) dispense the alcoholic beverage directly from the |
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container for purposes of consumption. |
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Sec. 111.02. APPLICABILITY. This chapter applies only to a |
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keg sold by a retailer to an ultimate consumer. |
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Sec. 111.03. KEG REGISTRATION LABEL REQUIRED. (a) A |
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license or permit holder may not sell an alcoholic beverage in a keg |
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for off-premises consumption unless the license or permit holder |
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affixes a keg registration label to the keg before the purchaser |
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takes possession of the keg. |
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(b) The keg registration label must include: |
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(1) a keg registration number; |
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(2) the name, address, telephone number, and license |
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or permit number of the license or permit holder; and |
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(3) any other information required by the commission. |
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(c) The commission shall prescribe and furnish keg |
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registration labels. |
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Sec. 111.04. KEG REGISTRATION DECLARATION AND RECEIPT FORM |
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REQUIRED. (a) Before a license or permit holder sells an alcoholic |
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beverage in a keg for off-premises consumption, the license or |
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permit holder shall require the purchaser to complete a keg |
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registration declaration and receipt form. |
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(b) The keg registration declaration and receipt form must |
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contain: |
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(1) the name and address of the purchaser; |
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(2) the keg registration number; |
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(3) the date and time of the purchase; |
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(4) the form of identification presented by the |
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purchaser; |
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(5) a statement signed by the purchaser indicating |
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that the purchaser: |
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(A) is 21 years of age or older; |
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(B) does not intend to allow persons under 21 |
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years of age to consume the alcoholic beverage purchased; and |
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(C) will not remove or obliterate or allow the |
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removal or obliteration of the registration label affixed to the |
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keg; and |
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(6) any other information required by the commission. |
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(c) A purchaser who obtains alcoholic beverages in more than |
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one keg from a license or permit holder on the same date in a single |
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transaction may complete one keg registration declaration and |
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receipt form for all kegs purchased in the single transaction. In a |
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single transaction each keg may be listed on the same keg |
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registration declaration and receipt form. |
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(d) The license or permit holder shall verify the |
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information provided by the purchaser under Subsection (b)(1) with |
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a form of identification as prescribed by commission rule. |
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(e) The commission shall prescribe and furnish the keg |
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registration declaration and receipt form required by this section. |
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Sec. 111.05. RECORDKEEPING. (a) A license or permit holder |
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shall maintain for a period of one year an accurate record of all |
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keg registration declaration and receipt forms and other |
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documentation relating to the license or permit holder's sale of an |
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alcoholic beverage in a keg for off-premises consumption, including |
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the keg registration label, at the place of business designated in |
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the license or permit. |
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(b) The license or permit holder shall make the records |
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relating to the sale of an alcoholic beverage in a keg open to |
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inspection by the commission or law enforcement officers at |
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reasonable dates and times. |
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Sec. 111.06. REMOVAL OF KEG REGISTRATION LABEL PROHIBITED. |
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A person other than the license or permit holder who sold the |
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alcoholic beverage in the keg may not remove, alter, deface, or |
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obliterate the keg registration label affixed to the keg. |
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Sec. 111.07. TRANSFER OF REGISTERED KEG. (a) Except as |
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authorized by the commission, a person may not transfer possession |
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of a registered keg to another person. |
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(b) This section does not apply to the return of the |
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registered keg to the license or permit holder. |
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Sec. 111.08. RETURN OF KEG. (a) On the return of a |
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registered keg by a purchaser, the license or permit holder shall: |
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(1) remove the keg registration label from the keg; |
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and |
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(2) indicate the return of the keg on the keg |
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registration declaration and receipt form. |
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(b) If a keg is returned without a keg registration label or |
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with a keg registration label that has been altered, defaced, or |
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obliterated, the license or permit holder shall report the name of |
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the person who purchased the keg to the commission and the local law |
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enforcement agency. |
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Sec. 111.09. CRIMINAL OFFENSES. (a) A person other than a |
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license or permit holder commits an offense if the person possesses |
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a keg containing an alcoholic beverage that does not have a keg |
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registration label affixed to the keg. |
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(b) A person commits an offense if the person removes, |
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alters, defaces, or obliterates the keg registration label affixed |
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to a keg in violation of this chapter. |
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(c) An offense under this section is a Class C misdemeanor. |
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Sec. 111.10. DEFENSE. It is a defense to prosecution under |
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Section 111.09 that: |
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(1) the person is the purchaser of the keg or another |
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person authorized to possess the keg; |
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(2) the keg was stolen; and |
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(3) the theft was reported by the purchaser or other |
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person authorized to possess the keg to the local law enforcement |
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agency within 24 hours of the theft. |
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SECTION 2. (a) The Texas Alcoholic Beverage Commission |
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shall adopt all rules, forms, and labels necessary to implement |
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Chapter 111, Alcoholic Beverage Code, as added by this Act, not |
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later than June 1, 2010. |
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(b) A license or permit holder authorized to sell alcoholic |
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beverages is not required to comply with the requirements of |
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Chapter 111, Alcoholic Beverage Code, as added by this Act, before |
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June 1, 2010. |
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SECTION 3. This Act takes effect September 1, 2009. |