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AN ACT
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relating to the temporary relocation of an alcoholic beverage |
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distributor's or wholesaler's premises during a period of emergency |
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and delivery of alcoholic beverages to a distributor's or |
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wholesaler's premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.01, Alcoholic Beverage Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The holder of a carrier permit who transports liquor to |
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the premises of a wholesaler, including to a location from which the |
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wholesaler is temporarily conducting business under Section |
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109.62, shall provide to the consignee a shipping invoice that |
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clearly states: |
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(1) the name and address of the consignor and |
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consignee; |
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(2) the origin and destination of the shipment; and |
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(3) any other information required by this code or |
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commission rule, including the brands, sizes of containers, types, |
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and quantities of liquor contained in the shipment. |
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SECTION 2. Section 107.02, Alcoholic Beverage Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A person transporting beer to the premises of a |
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distributor, including to a location from which the distributor is |
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temporarily conducting business under Section 109.62, shall |
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provide to the consignee a shipping invoice that clearly states: |
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(1) the name and address of the consignor and |
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consignee; |
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(2) the origin and destination of the shipment; and |
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(3) any other information required by this code or |
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commission rule, including the brands, sizes of containers, and |
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quantities of beer contained in the shipment. |
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SECTION 3. Subchapter D, Chapter 109, Alcoholic Beverage |
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Code, is amended by adding Section 109.62 to read as follows: |
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Sec. 109.62. TEMPORARY RELOCATION OF DISTRIBUTOR OR |
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WHOLESALER DURING EMERGENCY. (a) In this section, "period of |
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emergency" means a time during which weather, fire, earthquake, or |
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other natural disaster, act of God, or catastrophe affects a |
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distributor's or wholesaler's premises or an area of this state in a |
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way that disrupts the distributor's or wholesaler's normal business |
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operations to the extent that the business cannot receive |
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deliveries at or make deliveries from the premises or perform |
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necessary business operations at the premises. |
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(b) During a period of emergency, a distributor or |
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wholesaler may temporarily operate all or part of the distributor's |
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or wholesaler's business from an alternate location, including |
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storing alcoholic beverages, maintaining required records, |
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receiving alcoholic beverages from suppliers, dispatching orders |
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intended for sale to authorized purchasers, and performing any |
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other function the distributor or wholesaler is authorized by this |
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code to perform at the licensed or permitted premises. The |
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alternate location is considered the distributor's or wholesaler's |
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licensed or permitted premises, as applicable, for the purposes of |
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this code. |
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(c) A holder of a permit or license under Chapter 41, 42, or |
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68 may make deliveries to and pick up deliveries from the alternate |
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location in the same manner as this code and commission rules |
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provide for the distributor's or wholesaler's licensed or permitted |
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premises. |
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(d) A distributor or wholesaler who temporarily operates |
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all or part of the distributor's or wholesaler's business from an |
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alternate location as provided by Subsection (b) shall immediately |
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notify the administrator, in writing, of the alternate location. |
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The notice must include a statement affirming that the alternate |
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location satisfies the requirements of Subsection (e). |
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(e) The alternate location must be in an area where the sale |
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of the applicable alcoholic beverages has been approved by a local |
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option election or where the distributor or wholesaler had been |
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operating under Section 251.77 or 251.78. If beer, ale, or malt |
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liquor is handled at the alternate location, the alternate location |
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must be in the area assigned to the distributor or wholesaler under |
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Subchapters C and D, Chapter 102. |
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(f) If the delivery vehicles operated by the affected |
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distributor or wholesaler are wholly or partially disabled, the |
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administrator may grant the distributor or wholesaler the authority |
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to contract with another distributor or wholesaler for the |
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temporary sharing of delivery vehicles. Authority granted under |
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this subsection is in addition to authority granted under other |
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provisions of this code to share delivery vehicles and warehouses. |
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(g) A distributor's or wholesaler's authority to operate |
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from an alternate location under this section expires on the first |
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anniversary of the date the distributor or wholesaler commences |
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business operations at an alternate location. The administrator |
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may grant the distributor or wholesaler a one-year extension of the |
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authority to operate from an alternate location under this section, |
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after which the distributor or wholesaler must apply for a license |
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or permit for the alternate location in the usual manner. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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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. 2035 was passed by the House on April |
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7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2035 on May 16, 2011, by the following vote: Yeas 142, Nays 1, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2035 was passed by the Senate, with |
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amendments, on May 5, 2011, 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 |