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AN ACT
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relating to certain temporary sales by a mixed beverage permit |
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holder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.16(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The holder of a wine and malt beverage retailer's permit |
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may temporarily sell wine and malt beverages for not more than four |
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consecutive days at the same location under Subsection (a) [and not |
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more than five consecutive days at an event under Subsection (d) or |
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six days if necessary to accommodate the postponement of scheduled |
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racing events due to an act of nature]. |
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SECTION 2. Sections 28.06(a) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) Except as provided by Sections 14.07, 28.20, and |
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37.01(d), no holder of a mixed beverage permit, nor any officer, |
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agent, or employee of a holder, may possess or permit to be |
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possessed on the premises for which the permit is issued any |
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alcoholic beverage which is not covered by an invoice from the |
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supplier from whom the alcoholic beverage was purchased. |
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(c) Except as provided by Sections 14.07, 28.20, and |
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37.01(d), no holder of a mixed beverage permit, nor any officer, |
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agent, or employee of a holder, may knowingly possess or permit to |
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be possessed on the licensed premises any alcoholic beverage which |
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is not covered by an invoice from the supplier from whom the |
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alcoholic beverage was purchased. |
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SECTION 3. Sections 28.10(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) Except as provided by this section or Sections 28.01(b), |
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[and] 28.1001, and 28.20, a mixed beverage permittee may not sell an |
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alcoholic beverage to another mixed beverage permittee or to any |
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other person except for consumption on the seller's licensed |
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premises. |
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(b) A mixed beverage permittee may not permit any person to |
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take any alcoholic beverage purchased on the licensed premises from |
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the premises where sold, except that: |
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(1) a person who orders wine with food may remove the |
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container of wine from the premises whether the container is opened |
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or unopened; [and] |
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(2) a mixed beverage permittee who also holds a |
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brewpub license may sell or offer without charge on the premises of |
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the brewpub, to an ultimate consumer for consumption on or off the |
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premises, malt beverages produced by the permittee, in or from a |
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lawful container in an amount that does not exceed one-half barrel, |
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provided that the aggregate amount of malt beverages removed from |
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the premises under this subdivision does not exceed 1,000 barrels |
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annually; and |
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(3) a person who purchases wine or malt beverages from |
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a holder of a mixed beverage permit selling the beverages under |
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Section 28.20 may remove the beverages from the premises. |
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SECTION 4. Chapter 28, Alcoholic Beverage Code, is amended |
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by adding Section 28.20 to read as follows: |
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Sec. 28.20. TEMPORARY SALES AT CERTAIN RACING FACILITIES. |
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(a) The holder of a mixed beverage permit may temporarily sell wine |
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and malt beverages in an area of a facility with a seating capacity |
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of more than 40,000 that is open to the public and not otherwise |
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covered by a license or permit during a motor vehicle racing event |
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sponsored by a professional motor racing association. |
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(b) The holder of a mixed beverage permit may, under this |
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section, sell wine and malt beverages containing alcohol in excess |
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of one-half of one percent by volume but not more than 17 percent by |
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volume for consumption on or off the premises where sold, but not |
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for resale. |
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(c) The holder of a mixed beverage permit may temporarily |
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sell wine and malt beverages for not more than five consecutive days |
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at an event under this section or six days if necessary to |
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accommodate the postponement of scheduled racing events due to an |
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act of nature. |
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(d) The holder of a mixed beverage permit who temporarily |
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sells wine and malt beverages under this section may not: |
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(1) sell under this section at the facility more than |
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four times in a calendar year; |
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(2) sell alcoholic beverages in factory-sealed |
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containers; |
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(3) sell more than two drinks to a single consumer at |
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one time; |
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(4) sell alcoholic beverages at more than 50 percent |
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of the food and beverage concession stands that are open for |
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business at any one time; or |
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(5) sell alcoholic beverages after: |
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(A) 75 percent of the feature race is complete on |
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the day that race is held; or |
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(B) one hour before the scheduled completion of |
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the last spectator event on a day other than the feature race day. |
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(e) A holder of a mixed beverage permit who sells wine or |
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malt beverages under that permit in a county other than the county |
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in which the premises covered by the permit is located shall: |
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(1) purchase the beverages from a distributor or |
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wholesaler authorized under this code to sell the beverages in the |
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county in which the permit holder sells the beverages under this |
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section; and |
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(2) report to the commission, in the manner prescribed |
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by the commission by rule, the amount of beverages purchased and |
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sold under this section, by type. |
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(f) The holder of a mixed beverage permit who temporarily |
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sells wine and malt beverages under this section, or any officer, |
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agent, or employee of the permit holder, may allow a person to: |
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(1) possess and consume alcoholic beverages brought |
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onto the premises by the person; and |
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(2) remove from the premises any alcoholic beverages |
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brought onto the premises by the person. |
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(g) The commission shall adopt rules to implement this |
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section. |
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SECTION 5. Sections 25.16(d) and (e), Alcoholic Beverage |
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Code, are repealed. |
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SECTION 6. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 926 passed the Senate on |
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April 18, 2023, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 926 passed the House on |
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April 28, 2023, by the following vote: Yeas 134, Nays 14, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |