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AN ACT
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relating to storage of certain imported alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 55 to read as follows: |
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CHAPTER 55. MANUFACTURER'S AGENT'S WAREHOUSING PERMIT |
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Sec. 55.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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manufacturer's agent's warehousing permit may: |
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(1) receive beer, ale, or malt liquor from the holder |
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of a nonresident brewer's permit or nonresident manufacturer's |
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license and store the alcoholic beverages on the permitted |
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premises; |
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(2) ship, cause to be shipped, sell, and otherwise |
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transfer the beer, ale, or malt liquor to licensed or permitted |
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distributors and wholesalers in this state and to persons outside |
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this state who are qualified to receive the beer, ale, or malt |
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liquor under the regulatory laws of the state or other jurisdiction |
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in which the beer, ale, or malt liquor is received; and |
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(3) return beer, ale, or malt liquor to the |
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manufacturer or brewer from which it was originally received. |
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(b) The holder of a manufacturer's agent's warehousing |
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permit may ship only to wholesalers and distributors in this state |
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who have been issued a territorial designation by the actual |
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manufacturer or brewer of the brand or brands to be shipped. This |
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territorial designation for the sale of beer must be under and a |
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part of the agreement entered into between the actual manufacturer |
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of the brand and the distributor under Subchapters C and D, Chapter |
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102. This chapter does not affect the requirement that the actual |
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manufacturer, and the agreement between the actual manufacturer and |
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the distributor, comply with Subchapters C and D, Chapter 102. |
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(c) Beer, ale, or malt liquor received at premises permitted |
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under this chapter that is not labeled and approved for sale in this |
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state may be held and stored at the premises and may be shipped from |
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the premises if it is consigned and transported to qualified |
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persons in other states or jurisdictions where its sale is legal. |
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(d) The provisions of this code related to the residency of |
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an applicant for a permit do not apply to a permit under this |
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chapter. |
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Sec. 55.02. FEE. The commission by rule shall set the |
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amount of the annual state fee for a manufacturer's agent's |
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warehousing permit. |
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Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's |
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agent's warehousing permit may be issued to an entity: |
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(1) of which at least 50 percent of the ownership |
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interests are owned by another entity that: |
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(A) is located and chartered in the United |
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Mexican States; |
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(B) has held a nonresident manufacturer's |
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license, nonresident brewer's permit, and a nonresident seller's |
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permit for the two years preceding the date of the application; and |
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(C) during each of those two years has shipped or |
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caused to be shipped into this state for ultimate sale to qualified |
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distributors and wholesalers in this state at least one-half |
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million barrels of beer, ale, or malt liquor of the various brands |
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manufactured or brewed by the entity; and |
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(2) whose employees, located in this state or |
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elsewhere, hold permits and licenses issued under Chapters 36 and |
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73 to perform the activities authorized under those chapters on |
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behalf of the entity. |
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Sec. 55.04. LOCATION OF PREMISES. The premises of a permit |
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holder under this chapter must be located in an area that is wet for |
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the sale of beer, ale, and malt liquor. |
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Sec. 55.05. REPORTING REQUIREMENTS. The commission shall |
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require monthly reports from a permit holder under this chapter |
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showing the brands, types, sizes of containers, and quantities of |
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beer, ale, or malt liquor received at and shipped from the premises |
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to persons authorized to receive them. The reports must conform in |
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all respects to the requirements and forms prescribed by the |
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commission and contain any other information required by the |
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commission. |
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SECTION 2. If any part of Chapter 55, Alcoholic Beverage |
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Code, as added by this Act, is invalidated by a final, unappealable |
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order of a court, the entire chapter is invalid and any permit |
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issued under the chapter is void. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2727 was passed by the House on April |
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19, 2007, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2727 was passed by the Senate on May |
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10, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |