Bill Text: TX HB1301 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the sale of wine and malt beverages by certain alcoholic beverage manufacturers at a restaurant operated by the manufacturer; creating a wine, malt beverage, and food permit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-13 - Filed [HB1301 Detail]
Download: Texas-2025-HB1301-Introduced.html
| 89R3943 SCF-D | ||
| By: Landgraf | H.B. No. 1301 | |
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| relating to the sale of wine and malt beverages by certain alcoholic | ||
| beverage manufacturers at a restaurant operated by the | ||
| manufacturer; creating a wine, malt beverage, and food permit. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is | ||
| amended by adding Chapter 59 to read as follows: | ||
| CHAPTER 59. WINE, MALT BEVERAGE, AND FOOD PERMIT | ||
| Sec. 59.001. QUALIFICATION FOR PERMIT. A wine, malt | ||
| beverage, and food permit may be issued only to the holder of a | ||
| winery permit or a brewer's license who operates a restaurant on the | ||
| permitted or licensed premises. | ||
| Sec. 59.002. AUTHORIZED ACTIVITIES. (a) The holder of a | ||
| wine, malt beverage, and food permit may sell wine and malt | ||
| beverages to ultimate consumers for consumption at a restaurant | ||
| operated on the holder's permitted or licensed premises. | ||
| (b) Food must be available at all times alcoholic beverages | ||
| are sold. | ||
| Sec. 59.003. INFORMATION REQUIRED OF APPLICANTS. In | ||
| addition to the information required of applicants for permits | ||
| under this code, an applicant for a wine, malt beverage, and food | ||
| permit shall provide to the commission in the form and manner | ||
| prescribed by the commission in the original and each renewal | ||
| permit application: | ||
| (1) a menu or list of all food and beverages to be | ||
| offered for sale at the restaurant, including prices; | ||
| (2) a list of equipment used by the restaurant for food | ||
| preparation; | ||
| (3) the hours of operation for the restaurant, | ||
| including hours during which alcoholic beverages are available; | ||
| (4) any existing sales data for the restaurant, or if | ||
| none is available, projected sales for food, alcoholic beverages, | ||
| and any other major categories of sales by the restaurant; and | ||
| (5) a floorplan of the restaurant portion of the | ||
| permitted premises, showing the areas that are dedicated for food | ||
| preparation and service and the areas that are dedicated for | ||
| alcoholic beverage preparation and service. | ||
| Sec. 59.004. RECORDS. (a) A permit holder shall: | ||
| (1) maintain a summary of daily sales, separating the | ||
| total sales for: | ||
| (A) alcoholic beverages; | ||
| (B) food; and | ||
| (C) any other major sales categories, including | ||
| nonalcoholic beverages; | ||
| (2) maintain each invoice for the purchase of | ||
| alcoholic beverages sold under the permit until the fourth | ||
| anniversary of the date the alcoholic beverage was purchased; and | ||
| (3) make the invoices described by Subdivision (2) | ||
| available for inspection by the commission on the commission's | ||
| request. | ||
| (b) Failure to submit any required documentation to the | ||
| commission or maintain a record required by this section is: | ||
| (1) prima facie evidence of noncompliance with the | ||
| requirements of this chapter; and | ||
| (2) grounds for the commission to take disciplinary | ||
| action against the permit holder. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act, the Texas Alcoholic Beverage Commission shall adopt | ||
| rules necessary to implement the changes in law made by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
