| |
| |
| |
|
|
AN ACT
|
|
|
relating to the removal, destruction, and disposal of certain |
|
|
alcoholic beverages that become unfit for consumption after a |
|
|
natural disaster. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter A, Chapter 109, |
|
|
Alcoholic Beverage Code, is amended to read as follows: |
|
|
SUBCHAPTER A. SALVAGED AND INSURED LOSSES; UNINSURED LOSSES |
|
|
SECTION 2. Subchapter A, Chapter 109, Alcoholic Beverage |
|
|
Code, is amended by adding Section 109.09 to read as follows: |
|
|
Sec. 109.09. REMOVAL, DESTRUCTION, AND DISPOSAL OF |
|
|
UNINSURED BEVERAGES UNFIT FOR CONSUMPTION. (a) Uninsured ale, |
|
|
malt liquor, or beer that becomes unfit for public consumption, as |
|
|
described by Section 103.07(b), may be removed from the inventory |
|
|
of a retailer and destroyed and disposed of if the holder of the |
|
|
brewer's permit or manufacturer's license who manufactured the |
|
|
beverage and the wholesaler or distributor who distributed the |
|
|
beverage jointly determine that the beverage: |
|
|
(1) became unfit for public consumption as the result |
|
|
of a natural disaster in an area declared to be a disaster under |
|
|
Section 418.014, Government Code; and |
|
|
(2) should be removed from the inventory of the |
|
|
retailer. |
|
|
(b) A brewer or manufacturer and a wholesaler or distributor |
|
|
who jointly agree to the removal of a beverage under Subsection (a) |
|
|
shall jointly provide for the delivery and replacement of the |
|
|
removed beverage at no cost to the retailer from whose inventory the |
|
|
beverage is removed. The brewer or manufacturer who manufactured |
|
|
the removed beverage is responsible for the cost of a replacement |
|
|
beverage provided under this section. The wholesaler or |
|
|
distributor who distributed the removed beverage is responsible for |
|
|
the cost of delivering a replacement beverage provided under this |
|
|
section. |
|
|
(c) A retailer from whose inventory a beverage is removed |
|
|
under this section is responsible for the costs associated with the |
|
|
removal, destruction, and disposal of the removed beverage. |
|
|
(d) The commission by rule shall provide requirements |
|
|
governing the removal, destruction, and disposal by a retailer of |
|
|
uninsured ale, malt liquor, or beer that is determined to be unfit |
|
|
for public consumption under this section. Rules adopted under |
|
|
this subsection must include provisions requiring verification by a |
|
|
retailer from whose inventory a beverage is removed that the |
|
|
beverage has been removed, destroyed, and disposed of in the manner |
|
|
required by the commission. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1210 passed the Senate on |
|
|
April 17, 2019, by the following vote: Yeas 31, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 23, 2019, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1210 passed the House, with |
|
|
amendment, on May 17, 2019, by the following vote: Yeas 146, |
|
|
Nays 1, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |