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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization of certain carriers to transport |
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liquor; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 41, Alcoholic Beverage Code, is amended |
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to read as follows: |
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Chapter 41. CARRIER PERMIT/PACKAGE STORE CARRIER PERMIT |
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Sec. 41.01. AUTHORIZED ACTIVITIES OF A CARRIER PERMIT. (a) |
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The holder of a carrier permit may only transport liquor into and |
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out of this state and between points within the state. |
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(b) The holder of a carrier permit may transport liquor from |
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one wet area to another wet area across a dry area if that course of |
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transportation is necessary or convenient. |
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(c) The holder of a carrier permit who transports liquor to |
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the premises of a wholesaler, including to a location from which the |
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wholesaler is temporarily conducting business under Section |
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109.62, shall provide to the consignee a shipping invoice that |
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clearly states: |
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(1) the name and address of the consignor and |
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consignee; |
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(2) the origin and destination of the shipment; and |
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(3) any other information required by this code or |
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commission rule, including the brands, sizes of containers, types, |
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and quantities of liquor contained in the shipment. |
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Sec. 41.02. FEE. The annual state fee for a carrier permit |
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or package store carrier permit is $30. |
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Sec. 41.03. ELIGIBILITY FOR A CARRIER PERMIT/PACKAGE STORE |
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CARRIER PERMIT. (a) A carrier permit may be issued to: |
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(1) a water carrier; |
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(2) an airline; |
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(3) a railway; |
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(4) a motor carrier registered under Chapter 643, |
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Transportation Code; [or] |
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(5) a [common carrier operating under a certificate
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issued by the Interstate Commerce Commission.] motor carrier with |
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operating authority or MC registration granted by the Federal Motor |
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Carrier Safety Administration; or |
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(6) a transport company operating vehicles with a |
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gross curb weight of 8,500 pounds or more. |
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(b) a package store carrier permit may be issued to a |
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transport company operating vehicles with a gross curb weight of |
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8,500 pounds or less. |
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Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier |
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permit or package store carrier permit shall furnish all |
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information required by the commission concerning the provisions |
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of |
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this section [transportation of liquor]. |
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Sec. 41.05. TRANSPORTATION OF WINE OUT OF STATE. At the |
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request of a holder of a winery permit, a common carrier that does |
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not hold a carrier permit may transport wine from the premises of |
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the holder of the winery permit or from another location where the |
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holder of a winery permit may legally store wine to a destination |
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out of this state, if the common carrier may otherwise legally |
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transport wine and the holder of the winery permit furnishes to the |
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commission any documentation required by the commission concerning |
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the transportation and the receipt of the wine at the destination |
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out of this state. |
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Sec. 41.06. PACKAGE STORE CARRIER PERMIT. (a) The holder |
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of a package store carrier permit is considered a "retailer" for |
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purposes of Section 102.01 of this code. |
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(b) A package store carrier permittee may not knowingly |
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utilize or employ any person under the age of 21 to make deliveries |
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of alcohol. |
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(c) The holder of a package store carrier permit who |
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provides transportation and delivery services to more than one |
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holder of a permit under Chapter 22 or Chapter 24 of this code must |
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also provide similar transportation and delivery services to |
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businesses that do not have permits under Chapter 22 or Chapter 24. |
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Sec. 41.07. AUTHORIZED ACTIVITIES OF A PACKAGE STORE |
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CARRIER PERMIT. The holder of a package store carrier permit may |
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transport and deliver liquor to the ultimate consumer on behalf of a |
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package store or wine only package store that holds a local cartage |
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permit under the same terms and conditions in Section 22.03 of this |
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code that are applicable to transport or delivery by the holder of |
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the package store permit or wine only package store permit. |
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Sec. 41.08. VEHICLES USED BY PACKAGE STORE CARRIER |
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PERMITTEE. (a) No package store carrier permittee may transport |
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liquor unless each vehicle has been plainly marked or lettered to |
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indicate that it is being used for the transportation of liquor by a |
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the package store carrier permittee. |
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(b) The transportation of liquor by a package store carrier |
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permittee in a vehicle not described and marked in accordance with |
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this section is a violation of this code and is grounds for |
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cancellation of the permit. |
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Sec. 41.09. IDENTIFICATION REQUIREMENTS. (a) Alcohol |
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transported and delivered by a holder of a package store carrier |
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permit may not be delivered to any person other than: |
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(1) the person who purchased the alcohol; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is age 21 or |
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over. |
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(b) Alcohol may be delivered only to a person who is age 21 |
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or over after the person accepting the package: |
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(1) presents valid proof of identity and age; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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SECTION 2. This Act takes effect September 1, 2017. |