81R10454 AJA-F

By: Thompson H.B. No. 3177

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain alcoholic beverages between certain permitted premises.

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

SECTION 1. Section 24.04, Alcoholic Beverage Code, is amended to read as follows:

Sec. 24.04. TRANSFER OF WINE [DESIGNATION OF PLACE OF STORAGE]. The owner of more than one wine only package store who is also the holder of a local cartage permit may [designate one of his places of business as a place of storage. He may] transfer alcoholic beverages to and from the owner's [his place of storage and his other] stores in the same county, subject to rules adopted [prescribed] by the commission.

SECTION 2. Chapter 26, Alcoholic Beverage Code, is amended by adding Section 26.011 to read as follows:

Sec. 26.011. TRANSFER OF WINE. The holder of more than one wine and beer retailer's off-premise permit who is also the holder of a local cartage permit may transfer wine to and from the permit holder's permitted premises in the same county and in the same manufacturer's territory, subject to rules adopted by the commission.

SECTION 3. Section 43.01(b), Alcoholic Beverage Code, is amended to read as follows:

(b) A package store, wine only package store, [or] local distributor's permittee, or wine and beer retailer's off-premise permittee who also holds a local cartage permit may transfer alcoholic beverages in accordance with Sections 22.08, 23.04, [and] 24.04, and 26.011 [of this code].

SECTION 4. Section 43.04, Alcoholic Beverage Code, is amended to read as follows:

Sec. 43.04. ELIGIBILITY FOR PERMIT. The commission may issue a local cartage permit to a warehouse or transfer company or to a holder of a package store, wine only package store, [or] local distributor's, or wine and beer retailer's off-premise permit.

SECTION 5. This Act takes effect September 1, 2009.