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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the sale of alcoholic beverages on certain |
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passenger buses; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(d) The following are exempt from the fee authorized in this |
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section: |
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(1) agent's, airline beverage, passenger train |
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beverage, passenger bus beverage, industrial, carrier's, private |
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carrier's, private club registration, local cartage, storage, and |
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temporary wine and beer retailer's permits; |
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(2) a wine and beer retailer's permit issued for a |
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dining, buffet, or club car; and |
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(3) a mixed beverage permit during the three-year |
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period following the issuance of the permit. |
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SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 48A to read as follows: |
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CHAPTER 48A. PASSENGER BUS BEVERAGE PERMIT |
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Sec. 48A.01. AUTHORIZED ACTIVITIES; APPLICABILITY OF |
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CHAPTER. (a) The holder of a passenger bus beverage permit has the |
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same rights with respect to the sale of alcoholic beverages on a |
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passenger bus, described by Subsection (b), as the holder of an |
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airline beverage permit has with respect to the sale of alcoholic |
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beverages on a commercial passenger airplane under Section 34.01. |
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(b) Subsection (a) applies only to a passenger bus that: |
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(1) is designed, constructed, or used for the |
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transportation of multiple passengers for compensation; and |
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(2) while transporting persons for compensation, also |
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transports an attendant who: |
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(A) is not the operator of the bus; and |
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(B) has attended a commission-approved seller |
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training program. |
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Sec. 48A.02. FEE. The annual fee for a passenger bus |
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beverage permit is $500. |
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Sec. 48A.03. ELIGIBILITY FOR PERMIT. The commission or |
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administrator may issue a passenger bus beverage permit to any |
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corporation operating a commercial passenger bus service in or |
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through the state. Application and payment of the fee shall be made |
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directly to the commission. |
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Sec. 48A.04. EXEMPTION FROM TAXES. The preparation and |
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service of alcoholic beverages by the holder of a passenger bus |
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beverage permit is exempt from a tax imposed by this code and from |
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the tax imposed by Chapter 151, Tax Code. |
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Sec. 48A.05. INAPPLICABLE PROVISION. Section 109.53 does |
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not apply to a passenger bus beverage permit. |
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SECTION 3. This Act takes effect September 1, 2017. |