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AN ACT
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relating to verification of alcohol content for prior approval of |
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malt beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 101.67(a), (d), and (e), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) No person may ship or cause to be shipped into the state, |
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import into the state, manufacture and offer for sale in the state, |
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or distribute, sell, or store in the state any beer, ale, or malt |
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liquor unless: |
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(1) a sample of the beverage or a sample of the same |
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type and quality of beverage has been first tested to verify the |
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alcohol content of the beverage by: |
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(A) [submitted to] an independent [, reputable] |
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laboratory; |
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(B) a laboratory certified by the United States |
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Alcohol and Tobacco Tax and Trade Bureau or its successor agency as |
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qualified for the analysis of beer for export; or |
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(C) the commission [for analysis to verify the
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alcohol content of the beverage]; and |
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(2) the label of the beverage has been first submitted |
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to the commission or its representative and found to comply with all |
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provisions of this code relating to the labeling of the particular |
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type of beverage. |
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(d) If the commission determines that the product tested |
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[analysis provided by the independent laboratory or the sample,] |
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and [the] label submitted under [, required by] Subsection (a) |
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comply with the provisions of this code and the rules of the |
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commission, the commission shall issue a certificate of approval |
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upon receipt of a fee in an amount that is sufficient to cover the |
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cost of administering this section. A copy of the certificate |
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shall be kept on file in the office of the commission. |
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(e) The commission may require proof by affidavit or |
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otherwise that a laboratory performing a test [by rule shall
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establish the procedures for accepting analysis of beer, ale, or
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malt liquor by an independent laboratory] under Subsection |
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(a)(1)(A) is independent [(a)(1)]. |
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SECTION 2. This Act takes effect September 1, 2017. |
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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. 2299 was passed by the House on April |
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13, 2017, by the following vote: Yeas 138, Nays 0, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2299 was passed by the Senate on May |
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12, 2017, by the following vote: Yeas 30, Nays 1. |
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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 |