By: Geren H.B. No. 2807
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the purchase of alcoholic beverages by mixed beverage
  and private club permittees from local distributors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 23.04, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 23.04.  MAY TRANSFER BEVERAGES. If the holder of a
  local distributor's permit also holds a local cartage permit, he
  may transfer alcoholic beverages:
               (1)  to any place where the sale of alcoholic beverages
  is legal in the city or county where his premises are located and in
  an adjoining county; and
               (2)  to a regional airport located all or partly in an
  adjoining county if the airport is governed by a board, commission,
  or authority, some of whose members reside in the county where the
  local distributor's premises are located.
         SECTION 2.  Section 28.07, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 28.07.  PURCHASE AND TRANSPORTATION OF ALCOHOLIC
  BEVERAGES. (a) All distilled spirits sold by a holder of a mixed
  beverage permit must be purchased from a holder of a local
  distributor's permit in the county in which the premises of a mixed
  beverage permittee is located or in an adjoining county.
         (b)  If a holder of a mixed beverage permit is in a county
  where there are no local distributors, he may purchase alcoholic
  beverages in an adjoining county or the nearest county where local
  distributors are located and may transport them to his premises
  provided that he is also a holder of a beverage cartage permit. The
  transporter may acquire the alcoholic beverages only on the written
  order of the holder of the mixed beverage permit. The alcoholic
  beverages must be accompanied by a written statement furnished and
  signed by the local distributor showing the name and address of the
  consignee and consignor, the origin and destination of the
  shipment, and any other information required by the commission or
  administrator. The person in charge of the alcoholic beverages
  while they are being transported shall exhibit the written
  statement to any representative of the commission or any peace
  officer on demand, and the statement shall be accepted by the
  representative or officer as prima facie evidence of the lawful
  right to transport the alcoholic beverages.
         (c)  If a mixed beverage permittee holds a beverage cartage
  permit and his premises are located in a regional airport governed
  by a board, commission, or authority composed of members from two or
  more counties, and there is no local distributor at the airport, the
  mixed beverage permittee may purchase alcoholic beverages from any
  local distributor in a trade area served by the airport and
  transport them to his licensed premises. The transportation of the
  beverages must be in accordance with Subsection (b) of this
  section.
         SECTION 3.  Section 32.08, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 32.08.  PURCHASE AND TRANSPORTATION OF ALCOHOLIC
  BEVERAGES. (a) All distilled spirits sold by a club holding a
  private club registration permit must be purchased in this state
  from a holder of a local distributor's permit.
         (b)  A club may purchase distilled spirits from any local
  distributor located in the same county as the club or in any
  adjoining county.  If the club holding the permit is in an area
  where there are no local distributors, alcoholic beverages may be
  purchased in any area where local distributors are located and may
  be transported to the club premises if the club also holds a
  beverage cartage permit. The transporter may acquire the alcoholic
  beverages only on the written order of an officer or manager of the
  club holding the permit. The alcoholic beverages must be
  accompanied by a written statement furnished and signed by the
  local distributor showing the name and address of the consignee and
  consignor, the origin and destination of the shipment, and any
  other information required by the commission or administrator. The
  person in charge of the alcoholic beverages while they are being
  transported shall exhibit the written statement to any
  representative of the commission or any peace officer on demand,
  and the statement shall be accepted by the representative or
  officer as prima facie evidence of the lawful right to transport the
  alcoholic beverages.
         (c)  If a private club registration permittee holds a
  beverage cartage permit and his premises are located in a regional
  airport governed by a board, commission, or authority composed of
  members from two or more counties, and there is no local distributor
  at the airport, the private club registration permittee may
  purchase alcoholic beverages from any local distributor in a trade
  area served by the airport and transport them to his licensed
  premises. The transportation of the beverages must be in
  accordance with Subsection (b) of this section.
         SECTION .  This Act takes effect September 1, 2013.