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By: Seliger |
S.B. No. 896 |
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(In the Senate - Filed February 14, 2017; February 28, 2017, |
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read first time and referred to Committee on Business & Commerce; |
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April 18, 2017, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 8, Nays 1; April 18, 2017, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 896 |
By: Creighton |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the status, regulation, and taxation of powdered |
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alcohol as an alcoholic beverage; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.04(1), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(1) "Alcoholic beverage" means alcohol, including |
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powdered alcohol, or any beverage containing more than one-half of |
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one percent of alcohol by volume, which is capable of use for |
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beverage purposes, either alone or when diluted or reconstituted. |
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SECTION 2. Subchapter C, Chapter 101, Alcoholic Beverage |
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Code, is amended by adding Section 101.461 to read as follows: |
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Sec. 101.461. PACKAGING OF POWDERED ALCOHOL. |
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Notwithstanding any other law, a person may not sell powdered |
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alcohol to an ultimate consumer unless the powdered alcohol is |
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sealed in single-serving packages containing not more than 14 grams |
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of powdered alcohol each. |
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SECTION 3. Subchapter A, Chapter 108, Alcoholic Beverage |
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Code, is amended by adding Section 108.11 to read as follows: |
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Sec. 108.11. ADVERTISING OF POWDERED ALCOHOL. In an |
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advertisement for powdered alcohol, a person may not suggest or |
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depict the consumption of powdered alcohol without the addition of |
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liquid to the powdered alcohol. |
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SECTION 4. The heading to Section 201.03, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 201.03. TAX ON DISTILLED SPIRITS AND POWDERED ALCOHOL. |
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SECTION 5. Section 201.03(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) A tax is imposed on the first sale of: |
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(1) distilled spirits at the rate of $2.40 per gallon; |
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and |
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(2) powdered alcohol at the rate of $2.40 per gallon |
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based on the amount of liquid suggested to be added by the |
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manufacturer's packaging. |
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SECTION 6. This Act takes effect September 1, 2017. |
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