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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance and duration of certain temporary |
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alcoholic beverage permits and licenses; changing the amounts of |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 27.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 27.02. FEE. The state fee for a temporary wine and |
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beer retailer's permit is $10 for each day the permit is valid |
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[$30]. No refund shall be allowed for the surrender or nonuse of |
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the permit. |
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SECTION 2. Section 27.03, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 27.03. DURATION OF PERMIT. (a) A [Except as provided
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by Subsection (b), a] temporary wine and beer retailer's permit may |
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be issued for the number of days requested in the application, not |
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to exceed the length of the event at which the permit holder will be |
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selling wine, beer, and malt liquor [a period of not more than four
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days]. |
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(b) The commission by rule shall establish the maximum |
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length of time a [A] temporary wine and beer retailer's permit |
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holder [issued under Section 27.07] may sell wine, beer, and malt |
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liquor at the same location under a permit issued under this |
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subchapter [be issued for a period of five days. On notice to the
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commission, the commission may extend the permit for one additional
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day to accommodate the postponement of scheduled racing events due
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to an act of nature]. |
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SECTION 3. Subchapter B, Chapter 27, Alcoholic Beverage |
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Code, is amended to read as follows: |
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SUBCHAPTER B. SPECIAL EVENT [THREE-DAY] WINE AND BEER PERMIT |
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Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special |
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event [three-day] wine and beer permit may sell for consumption on |
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the premises for which the permit is issued, but not for resale, |
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wine, beer, and malt liquors containing alcohol in excess of |
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one-half of one percent by volume but not more than 17 percent by |
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volume. |
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Sec. 27.12. FEE. The state fee for a special event |
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[three-day] wine and beer permit is $10 for each day the permit is |
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valid [$30]. |
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Sec. 27.125. DURATION OF PERMIT. (a) A special event wine |
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and beer permit may be issued for the number of days requested in |
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the application not to exceed the length of the event at which the |
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permit holder will be selling wine, beer, and malt liquor. |
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(b) The commission by rule shall establish the maximum |
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length of time a special event wine and beer permit holder may sell |
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wine, beer, and malt liquor at the same location under a permit |
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issued under this subchapter. |
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Sec. 27.13. ISSUANCE OF PERMIT. (a) The commission may |
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issue a special event [three-day] wine and beer permit directly to a |
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nonprofit charitable, civic, or religious organization for the |
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temporary serving of wine and beer at a picnic, celebration, or |
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similar event sponsored by the organization. |
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(b) The commission by rule may limit the number of special |
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event [three-day] wine and beer permits issued in each calendar |
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year to a single nonprofit charitable, civic, or religious |
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organization for events sponsored by that organization. |
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(c) If a special event [three-day] wine and beer permit is |
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issued for a premises in an area in which the sale of beer for |
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on-premise consumption has been authorized by a local option |
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election, but the sale of wine for on-premise consumption has not |
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been authorized, then the permittee is only authorized to sell |
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beer. |
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Sec. 27.14. APPLICATION OF WINE AND BEER RETAILER'S PERMIT |
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PROVISIONS. A provision of this code that applies to a wine and |
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beer retailer permit applies to a special event [three-day] wine |
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and beer permit unless the provision conflicts with a provision of |
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this subchapter. |
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Sec. 27.15. RULES. The commission shall [may] adopt rules |
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as necessary to implement and administer this subchapter. |
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SECTION 4. Chapter 30, Alcoholic Beverage Code, is amended |
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by adding Section 30.025 to read as follows: |
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Sec. 30.025. DURATION OF PERMIT. (a) A daily temporary |
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mixed beverage permit may be issued for the number of days requested |
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in the application, not to exceed the length of the event at which |
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the permit holder will be selling authorized alcoholic beverages. |
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(b) The commission by rule shall establish the maximum |
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length of time a daily temporary mixed beverage permit holder may |
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sell authorized alcoholic beverages at the same location under a |
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permit issued under this chapter. |
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SECTION 5. Section 30.03(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) [The commission may, in its discretion, issue on a
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temporary basis a daily temporary mixed beverage permit.] A daily |
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temporary mixed beverage permit may be issued only to a holder of a |
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mixed beverage permit for the temporary sale of authorized |
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alcoholic beverages at picnics, celebrations, or similar events, or |
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to a political party or political association supporting a |
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candidate for public office or a proposed amendment to the Texas |
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Constitution or other ballot measure, to an organization formed for |
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a specific charitable or civic purpose, to a fraternal organization |
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in existence for over five years with a regular membership, or to a |
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religious organization. The commission shall not issue more than |
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10 temporary mixed beverage permits in each calendar year to a |
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person who does not also hold a mixed beverage permit. |
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SECTION 6. Section 72.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 72.02. FEE. The state fee for a temporary license is |
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$7.50 for each day the license is valid [$30]. No refund shall be |
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allowed for the surrender or nonuse of a temporary license. |
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SECTION 7. Section 72.03, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 72.03. DURATION OF LICENSE. A temporary license may be |
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issued for the number of days requested in the application, not to |
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exceed the length of the event at which the license holder will be |
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selling wine, beer, and malt liquor [a period of not more than four
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days]. |
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SECTION 8. This Act takes effect September 1, 2019. |