By: Hancock  S.B. No. 1210
         (In the Senate - Filed February 27, 2019; March 7, 2019,
  read first time and referred to Committee on Business & Commerce;
  April 8, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 8, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1210 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the removal 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 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 if the holder of the
  brewer's permit or manufacturer's license who manufactured the
  beverage and the wholesaler or distributor that 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 manufacturer or brewer and a wholesaler or distributor
  who agree to the removal of a beverage under Subsection (a) must
  hold the retailer from whose inventory the beverage is removed
  harmless for the cost of the replacement of the removed beverage.
         (c)  The commission by rule may provide requirements
  governing the disposal or destruction by a retailer of uninsured
  ale, malt liquor, or beer that is determined to be unfit for public
  consumption under this section.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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