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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase and transport of alcoholic beverages by |
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the holder of a mixed beverage permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a |
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local distributor's permit also holds a local cartage permit, the |
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permittee [he] may transfer: |
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(1) alcoholic beverages from a place where the |
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alcoholic beverages may be legally purchased: |
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(A) [(1)] to any place where the sale of |
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alcoholic beverages is legal in the city or county where the local |
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distributor's [his] premises are located; and |
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(B) [(2)] to a regional airport located all or |
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partly in an adjoining county if the airport is governed by a board, |
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commission, or authority, some of whose members reside in the |
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county where the local distributor's premises are located; and |
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(2) distilled spirits and wine to the premises of a |
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mixed beverage permittee located in an area described by Section |
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28.07(d). |
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SECTION 2. Section 28.07, Alcoholic Beverage Code, is |
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amended by amending Subsection (a) and adding Subsections (d) and |
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(e) to read as follows: |
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(a) Except as otherwise provided by this section, all [All] |
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distilled spirits sold by a holder of a mixed beverage permit must |
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be purchased from a holder of a local distributor's permit in the |
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county in which the premises of a mixed beverage permittee is |
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located. |
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(d) A mixed beverage permittee located in a county that has |
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a population of 450,000 or more in which there are not at least |
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eight local distributor's permittees of separate ownership |
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actively engaged in the distribution of distilled spirits and which |
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is adjacent to a county with a population in excess of two million |
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may purchase distilled spirits and wine in the nearest county where |
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local distributor's permittees are located and may transport them |
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to the mixed beverage permittee's premises under the same |
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conditions set forth in Subsection (b) for the transfer of |
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alcoholic beverages. A mixed beverage permittee whose premises are |
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located in a county in which a mixed beverage permittee's purchase |
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of distilled spirits and wine from a local distributor in an |
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adjacent county and the transport of those beverages to the mixed |
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beverage permittee's premises has ever been authorized under this |
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subsection may continue to purchase distilled spirits and wine from |
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a local distributor in an adjacent county and transport the |
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beverages to the permittee's premises regardless of whether the |
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number of local distributors described by this section that are |
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located in the county in which the mixed beverage permittee's |
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premises are located increases. |
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(e) Sections 102.56(b), (c), and (d) apply to mixed beverage |
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permittees covered by this section and purchases of alcoholic |
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beverages covered by this section, and purchases of alcoholic |
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beverages covered by this section are subject to the restrictions |
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prescribed by those sections. |
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SECTION 3. The change in law made by this Act applies only |
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to the purchase of an alcoholic beverage on or after the effective |
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date of this Act. The purchase of an alcoholic beverage before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |