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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase of alcoholic beverages by mixed beverage |
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and private club permittees from local distributors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a |
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local distributor's permit also holds a local cartage permit, he |
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may transfer alcoholic beverages: |
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(1) to any place where the sale of alcoholic beverages |
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is legal in the city or county where his premises are located and in |
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an adjoining county; and |
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(2) to a regional airport located all or partly in an |
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adjoining county if the airport is governed by a board, commission, |
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or authority, some of whose members reside in the county where the |
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local distributor's premises are located. |
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SECTION 2. Section 28.07, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 28.07. PURCHASE AND TRANSPORTATION OF ALCOHOLIC |
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BEVERAGES. (a) All distilled spirits sold by a holder of a mixed |
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beverage permit must be purchased from a holder of a local |
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distributor's permit in the county in which the premises of a mixed |
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beverage permittee is located or in an adjoining county. |
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(b) If a holder of a mixed beverage permit is in a county |
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where there are no local distributors, he may purchase alcoholic |
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beverages in an adjoining county or the nearest county where local |
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distributors are located and may transport them to his premises |
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provided that he is also a holder of a beverage cartage permit. The |
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transporter may acquire the alcoholic beverages only on the written |
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order of the holder of the mixed beverage permit. The alcoholic |
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beverages must be accompanied by a written statement furnished and |
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signed by the local distributor showing the name and address of the |
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consignee and consignor, the origin and destination of the |
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shipment, and any other information required by the commission or |
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administrator. The person in charge of the alcoholic beverages |
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while they are being transported shall exhibit the written |
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statement to any representative of the commission or any peace |
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officer on demand, and the statement shall be accepted by the |
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representative or officer as prima facie evidence of the lawful |
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right to transport the alcoholic beverages. |
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(c) If a mixed beverage permittee holds a beverage cartage |
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permit and his premises are located in a regional airport governed |
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by a board, commission, or authority composed of members from two or |
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more counties, and there is no local distributor at the airport, the |
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mixed beverage permittee may purchase alcoholic beverages from any |
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local distributor in a trade area served by the airport and |
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transport them to his licensed premises. The transportation of the |
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beverages must be in accordance with Subsection (b) of this |
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section. |
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SECTION 3. Section 32.08, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC |
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BEVERAGES. (a) All distilled spirits sold by a club holding a |
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private club registration permit must be purchased in this state |
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from a holder of a local distributor's permit. |
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(b) A club may purchase distilled spirits from any local |
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distributor located in the same county as the club or in any |
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adjoining county. If the club holding the permit is in an area |
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where there are no local distributors, alcoholic beverages may be |
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purchased in any area where local distributors are located and may |
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be transported to the club premises if the club also holds a |
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beverage cartage permit. The transporter may acquire the alcoholic |
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beverages only on the written order of an officer or manager of the |
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club holding the permit. The alcoholic beverages must be |
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accompanied by a written statement furnished and signed by the |
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local distributor showing the name and address of the consignee and |
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consignor, the origin and destination of the shipment, and any |
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other information required by the commission or administrator. The |
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person in charge of the alcoholic beverages while they are being |
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transported shall exhibit the written statement to any |
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representative of the commission or any peace officer on demand, |
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and the statement shall be accepted by the representative or |
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officer as prima facie evidence of the lawful right to transport the |
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alcoholic beverages. |
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(c) If a private club registration permittee holds a |
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beverage cartage permit and his premises are located in a regional |
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airport governed by a board, commission, or authority composed of |
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members from two or more counties, and there is no local distributor |
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at the airport, the private club registration permittee may |
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purchase alcoholic beverages from any local distributor in a trade |
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area served by the airport and transport them to his licensed |
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premises. The transportation of the beverages must be in |
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accordance with Subsection (b) of this section. |
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SECTION . This Act takes effect September 1, 2013. |