| |
| |
| |
|
|
AN ACT
|
|
|
relating to authorizing the sale of alcoholic beverages on certain |
|
|
passenger buses; 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, passenger bus beverage, industrial, carrier's, private |
|
|
carrier's, private club registration, local 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. Subtitle A, Title 3, Alcoholic Beverage Code, is |
|
|
amended by adding Chapter 48A to read as follows: |
|
|
CHAPTER 48A. PASSENGER BUS BEVERAGE PERMIT |
|
|
Sec. 48A.01. AUTHORIZED ACTIVITIES; APPLICABILITY OF |
|
|
CHAPTER. The holder of a passenger bus beverage permit: |
|
|
(1) has the same rights with respect to the sale of |
|
|
alcoholic beverages on a passenger bus, as described by Section |
|
|
48A.03(a), as the holder of an airline beverage permit has with |
|
|
respect to the sale of alcoholic beverages on a commercial |
|
|
passenger airplane under Section 34.01; and |
|
|
(2) may store alcoholic beverages at the permitted |
|
|
location. |
|
|
Sec. 48A.02. FEE. The annual fee for a passenger bus |
|
|
beverage permit is $500. |
|
|
Sec. 48A.03. ELIGIBILITY FOR PERMIT; APPLICATION AND |
|
|
PAYMENT OF FEE. (a) The commission or administrator may issue a |
|
|
passenger bus beverage permit to any corporation operating a |
|
|
commercial passenger bus service in or through the state using a |
|
|
passenger bus that: |
|
|
(1) is designed and used for the regularly scheduled |
|
|
intercity transportation of passengers for compensation; |
|
|
(2) is characterized by integral construction with: |
|
|
(A) an elevated passenger deck over a baggage |
|
|
compartment; |
|
|
(B) a passenger seating capacity of at least 16 |
|
|
and not more than 36; and |
|
|
(C) a separate galley area; |
|
|
(3) is at least 35 feet in length; and |
|
|
(4) while transporting passengers for compensation, |
|
|
also transports an attendant who: |
|
|
(A) is not the operator of the bus; and |
|
|
(B) has attended a commission-approved seller |
|
|
training program. |
|
|
(b) Application and payment of the fee shall be made |
|
|
directly to the commission. |
|
|
Sec. 48A.04. EXEMPTION FROM TAXES. The preparation and |
|
|
service of alcoholic beverages by the holder of a passenger bus |
|
|
beverage permit is exempt from a tax imposed by this code and from |
|
|
the tax imposed by Chapter 151, Tax Code. |
|
|
Sec. 48A.05. SALE OF LIQUOR TO PERMITTEE. Only a holder of |
|
|
a wholesale permit may sell liquor to a holder of a passenger bus |
|
|
beverage permit. A sale of liquor to a holder of a passenger bus |
|
|
beverage permit shall be considered as a sale at retail to a |
|
|
consumer. |
|
|
Sec. 48A.06. INAPPLICABLE PROVISION. Section 109.53 does |
|
|
not apply to a passenger bus beverage permit. |
|
|
SECTION 3. Section 101.46(b), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(b) Subsection (a) of this section does not apply to |
|
|
permittees or licensees while engaged in supplying airline |
|
|
beverage, [or] mixed beverage, or passenger bus beverage |
|
|
permittees, nor to the possession or sale of liquor by an airline |
|
|
beverage, [or] mixed beverage, or passenger bus beverage permittee, |
|
|
but none of the permittees or licensees covered by this subsection |
|
|
may possess liquor in a container with a capacity of less than one |
|
|
fluid ounce. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3101 was passed by the House on April |
|
|
27, 2017, by the following vote: Yeas 143, Nays 1, 3 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 3101 on May 19, 2017, by the following vote: Yeas 142, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 3101 was passed by the Senate, with |
|
|
amendments, on May 17, 2017, by the following vote: Yeas 28, Nays |
|
|
2. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |