85R229 JAM-D

By: White H.B. No. 109

A BILL TO BE ENTITLED

AN ACT

relating to the permit required to transport alcoholic beverages between certain permitted premises; authorizing a fee.

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

SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is amended to read as follows:

(d) The following are exempt from the fee authorized in this section:

(1) agent's, airline beverage, passenger train beverage, industrial, carrier's, private carrier's, private club registration, local cartage, cartage, storage, and temporary wine and beer retailer's permits;

(2) a wine and beer retailer's permit issued for a dining, buffet, or club car; and

(3) a mixed beverage permit during the three-year period following the issuance of the permit.

SECTION 2. Section 22.08, Alcoholic Beverage Code, is amended to read as follows:

Sec. 22.08. TRANSFER OF BEVERAGES. (a) The owner of more than one package store who is also the holder of a local cartage permit may transfer alcoholic beverages between any of the owner's permitted [his licensed] premises in the same county between the hours of 7 a.m. and 9 p.m. on any day when the sale of those beverages is legal, subject to rules prescribed by the commission.

(b) The owner of more than one package store who is also the holder of a cartage permit may transfer alcoholic beverages between any of the owner's permitted premises between the hours of 7 a.m. and 9 p.m. on any day when the sale of those beverages is legal, subject to rules prescribed by the commission.

SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is amended by adding Chapter 43A to read as follows:

CHAPTER 43A. CARTAGE PERMIT

Sec. 43A.01. AUTHORIZED ACTIVITIES. A package store permittee who also holds a cartage permit may transfer alcoholic beverages in accordance with Section 22.08.

Sec. 43A.02. FEE. The annual state fee for a cartage permit is $30.

Sec. 43A.03. ELIGIBILITY FOR PERMIT. The commission may issue a cartage permit to a holder of a package store permit.

Sec. 43A.04. VEHICLES USED BY PERMITTEE. (a) No cartage permittee may transport liquor unless:

(1) a description of each vehicle used in the transportation, as required by the commission, has been submitted to the commission; and

(2) each vehicle has been plainly marked or lettered to indicate that it is being used for the transportation of liquor by a cartage permittee.

(b) The transportation of liquor by a permittee in a vehicle not described and marked in accordance with this section is a violation of this code and is a ground for the cancellation of the permit.

Sec. 43A.05. CERTAIN TRANSPORTATION PROHIBITED. No holder of a cartage permit may for hire transport liquor in this state.

Sec. 43A.06. VIOLATION OF CODE, RULE. If a holder of a cartage permit who also holds a package store permit violates any provision of this code or any rule or regulation of the commission, the violation is a ground for the suspension or cancellation of any or all permits or licenses held by that person for the premises where the offense was committed.

SECTION 4. Section 204.01(b), Alcoholic Beverage Code, is amended to read as follows:

(b) No bond is required of a holder of a mixed beverage, private club registration, carriers, local cartage, cartage, wine and beer retailers, nonresident seller's, manufacturer's agent's, or agent's permit.

SECTION 5. The change in law made by this Act applies only to the transport of an alcoholic beverage on or after the effective date of this Act. The transport of an alcoholic beverage before the effective date of this Act is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2017.