H.B. No. 2035

	AN ACT
	relating to the temporary relocation of an alcoholic beverage
	distributor's or wholesaler's premises during a period of emergency
	and delivery of alcoholic beverages to a distributor's or
	wholesaler's premises.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 41.01, Alcoholic Beverage Code, is
	amended by adding Subsection (c) to read as follows:
	(c)  The holder of a carrier permit who transports liquor to
	the premises of a wholesaler, including to a location from which the
	wholesaler is temporarily conducting business under Section
	109.62, shall provide to the consignee a shipping invoice that
	clearly states:
	(1)  the name and address of the consignor and
	consignee;
	(2)  the origin and destination of the shipment; and
	(3)  any other information required by this code or
	commission rule, including the brands, sizes of containers, types,
	and quantities of liquor contained in the shipment.
	SECTION 2.  Section 107.02, Alcoholic Beverage Code, is
	amended by adding Subsection (a-1) to read as follows:
	(a-1)  A person transporting beer to the premises of a
	distributor, including to a location from which the distributor is
	temporarily conducting business under Section 109.62, shall
	provide to the consignee a shipping invoice that clearly states:
	(1)  the name and address of the consignor and
	consignee;
	(2)  the origin and destination of the shipment; and
	(3)  any other information required by this code or
	commission rule, including the brands, sizes of containers, and
	quantities of beer contained in the shipment.
	SECTION 3.  Subchapter D, Chapter 109, Alcoholic Beverage
	Code, is amended by adding Section 109.62 to read as follows:
	Sec. 109.62.  TEMPORARY RELOCATION OF DISTRIBUTOR OR
	WHOLESALER DURING EMERGENCY. (a)  In this section, "period of
	emergency" means a time during which weather, fire, earthquake, or
	other natural disaster, act of God, or catastrophe affects a
	distributor's or wholesaler's premises or an area of this state in a
	way that disrupts the distributor's or wholesaler's normal business
	operations to the extent that the business cannot receive
	deliveries at or make deliveries from the premises or perform
	necessary business operations at the premises.
	(b)  During a period of emergency, a distributor or
	wholesaler may temporarily operate all or part of the distributor's
	or wholesaler's business from an alternate location, including
	storing alcoholic beverages, maintaining required records,
	receiving alcoholic beverages from suppliers, dispatching orders
	intended for sale to authorized purchasers, and performing any
	other function the distributor or wholesaler is authorized by this
	code to perform at the licensed or permitted premises. The
	alternate location is considered the distributor's or wholesaler's
	licensed or permitted premises, as applicable, for the purposes of
	this code.
	(c)  A holder of a permit or license under Chapter 41, 42, or
	68 may make deliveries to and pick up deliveries from the alternate
	location in the same manner as this code and commission rules
	provide for the distributor's or wholesaler's licensed or permitted
	premises.
	(d)  A distributor or wholesaler who temporarily operates
	all or part of the distributor's or wholesaler's business from an
	alternate location as provided by Subsection (b) shall immediately
	notify the administrator, in writing, of the alternate location.
	The notice must include a statement affirming that the alternate
	location satisfies the requirements of Subsection (e).
	(e)  The alternate location must be in an area where the sale
	of the applicable alcoholic beverages has been approved by a local
	option election or where the distributor or wholesaler had been
	operating under Section 251.77 or 251.78. If beer, ale, or malt
	liquor is handled at the alternate location, the alternate location
	must be in the area assigned to the distributor or wholesaler under
	Subchapters C and D, Chapter 102.
	(f)  If the delivery vehicles operated by the affected
	distributor or wholesaler are wholly or partially disabled, the
	administrator may grant the distributor or wholesaler the authority
	to contract with another distributor or wholesaler for the
	temporary sharing of delivery vehicles. Authority granted under
	this subsection is in addition to authority granted under other
	provisions of this code to share delivery vehicles and warehouses.
	(g)  A distributor's or wholesaler's authority to operate
	from an alternate location under this section expires on the first
	anniversary of the date the distributor or wholesaler commences
	business operations at an alternate location. The administrator
	may grant the distributor or wholesaler a one-year extension of the
	authority to operate from an alternate location under this section,
	after which the distributor or wholesaler must apply for a license
	or permit for the alternate location in the usual manner.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2035 was passed by the House on April
	7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2035 on May 16, 2011, by the following vote:  Yeas 142, Nays 1,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2035 was passed by the Senate, with
	amendments, on May 5, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor