88R3080 SCP-F
 
  By: Parker S.B. No. 926
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain temporary sales by a mixed beverage permit
  holder.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.16(b), Alcoholic Beverage Code, is
  amended to read as follows:
         (b)  The holder of a wine and malt beverage retailer's permit
  may temporarily sell wine and malt beverages for not more than four
  consecutive days at the same location under Subsection (a) [and not
  more than five consecutive days at an event under Subsection (d) or
  six days if necessary to accommodate the postponement of scheduled
  racing events due to an act of nature].
         SECTION 2.  Sections 28.06(a) and (c), Alcoholic Beverage
  Code, are amended to read as follows:
         (a)  Except as provided by Sections 14.07, 28.20, and
  37.01(d), no holder of a mixed beverage permit, nor any officer,
  agent, or employee of a holder, may possess or permit to be
  possessed on the premises for which the permit is issued any
  alcoholic beverage which is not covered by an invoice from the
  supplier from whom the alcoholic beverage was purchased.
         (c)  Except as provided by Sections 14.07, 28.20, and
  37.01(d), no holder of a mixed beverage permit, nor any officer,
  agent, or employee of a holder, may knowingly possess or permit to
  be possessed on the licensed premises any alcoholic beverage which
  is not covered by an invoice from the supplier from whom the
  alcoholic beverage was purchased.
         SECTION 3.  Sections 28.10(a) and (b), Alcoholic Beverage
  Code, are amended to read as follows:
         (a)  Except as provided by this section or Sections 28.01(b),
  [and] 28.1001, and 28.20, a mixed beverage permittee may not sell an
  alcoholic beverage to another mixed beverage permittee or to any
  other person except for consumption on the seller's licensed
  premises.
         (b)  A mixed beverage permittee may not permit any person to
  take any alcoholic beverage purchased on the licensed premises from
  the premises where sold, except that:
               (1)  a person who orders wine with food may remove the
  container of wine from the premises whether the container is opened
  or unopened; [and]
               (2)  a mixed beverage permittee who also holds a
  brewpub license may sell or offer without charge on the premises of
  the brewpub, to an ultimate consumer for consumption on or off the
  premises, malt beverages produced by the permittee, in or from a
  lawful container in an amount that does not exceed one-half barrel,
  provided that the aggregate amount of malt beverages removed from
  the premises under this subdivision does not exceed 1,000 barrels
  annually; and
               (3)  a person who purchases wine or malt beverages from
  a holder of a mixed beverage permit selling the beverages under
  Section 28.20 may remove the beverages from the premises.
         SECTION 4.  Chapter 28, Alcoholic Beverage Code, is amended
  by adding Section 28.20 to read as follows:
         Sec. 28.20.  TEMPORARY SALES AT CERTAIN RACING FACILITIES.
  (a)  The holder of a mixed beverage permit may temporarily sell wine
  and malt beverages in an area of a facility with a seating capacity
  of more than 40,000 that is open to the public and not otherwise
  covered by a license or permit during a motor vehicle racing event
  sponsored by a professional motor racing association.
         (b)  The holder of a mixed beverage permit may, under this
  section, sell wine and malt beverages containing alcohol in excess
  of one-half of one percent by volume but not more than 17 percent by
  volume for consumption on or off the premises where sold, but not
  for resale.
         (c)  The holder of a mixed beverage permit may temporarily
  sell wine and malt beverages for not more than five consecutive days
  at an event under this section or six days if necessary to
  accommodate the postponement of scheduled racing events due to an
  act of nature.
         (d)  The holder of a mixed beverage permit who temporarily
  sells wine and malt beverages under this section may not:
               (1)  sell under this section at the facility more than
  four times in a calendar year;
               (2)  sell alcoholic beverages in factory-sealed
  containers;
               (3)  sell more than two drinks to a single consumer at
  one time;
               (4)  sell alcoholic beverages at more than 50 percent
  of the food and beverage concession stands that are open for
  business at any one time; or
               (5)  sell alcoholic beverages after:
                     (A)  75 percent of the feature race is complete on
  the day that race is held; or
                     (B)  one hour before the scheduled completion of
  the last spectator event on a day other than the feature race day.
         (e)  A holder of a mixed beverage permit who sells wine or
  malt beverages under that permit in a county other than the county
  in which the premises covered by the permit is located shall:
               (1)  purchase the beverages from a distributor or
  wholesaler authorized under this code to sell the beverages in the
  county in which the permit holder sells the beverages under this
  section; and
               (2)  report to the commission, in the manner prescribed
  by the commission by rule, the amount of beverages purchased and
  sold under this section, by type.
         (f)  The holder of a mixed beverage permit who temporarily
  sells wine and malt beverages under this section, or any officer,
  agent, or employee of the permit holder, may allow a person to:
               (1)  possess and consume alcoholic beverages brought
  onto the premises by the person; and
               (2)  remove from the premises any alcoholic beverages
  brought onto the premises by the person.
         (g)  The commission shall adopt rules to implement this
  section.
         SECTION 5.  Sections 25.16(d) and (e), Alcoholic Beverage
  Code, are repealed.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.