Bill Text: TX HB133 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the status, regulation, and taxation of powdered alcohol as an alcoholic beverage; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-04 - Committee report sent to Calendars [HB133 Detail]
Download: Texas-2017-HB133-Comm_Sub.html
| 85R17832 JAM-D | |||
| By: Alvarado | H.B. No. 133 | ||
| Substitute the following for H.B. No. 133: | |||
| By: Kuempel | C.S.H.B. No. 133 | ||
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| relating to the status, regulation, and taxation of powdered | ||
| alcohol as an alcoholic beverage; creating an offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1.04(1), Alcoholic Beverage Code, is | ||
| amended to read as follows: | ||
| (1) "Alcoholic beverage" means alcohol, including | ||
| powdered alcohol, or any beverage containing more than one-half of | ||
| one percent of alcohol by volume, which is capable of use for | ||
| beverage purposes, either alone or when diluted or reconstituted. | ||
| SECTION 2. Subchapter C, Chapter 101, Alcoholic Beverage | ||
| Code, is amended by adding Section 101.461 to read as follows: | ||
| Sec. 101.461. PACKAGING OF POWDERED ALCOHOL. | ||
| Notwithstanding any other law, a person may not sell powdered | ||
| alcohol to an ultimate consumer unless the powdered alcohol is | ||
| sealed in single-serving packages containing not more than 14 grams | ||
| of powdered alcohol each. | ||
| SECTION 3. Subchapter A, Chapter 108, Alcoholic Beverage | ||
| Code, is amended by adding Section 108.11 to read as follows: | ||
| Sec. 108.11. ADVERTISING OF POWDERED ALCOHOL. In an | ||
| advertisement for powdered alcohol, a person may not suggest or | ||
| depict the consumption of powdered alcohol without the addition of | ||
| liquid to the powdered alcohol. | ||
| SECTION 4. The heading to Section 201.03, Alcoholic | ||
| Beverage Code, is amended to read as follows: | ||
| Sec. 201.03. TAX ON DISTILLED SPIRITS AND POWDERED ALCOHOL. | ||
| SECTION 5. Section 201.03(a), Alcoholic Beverage Code, is | ||
| amended to read as follows: | ||
| (a) A tax is imposed on the first sale of: | ||
| (1) distilled spirits at the rate of $2.40 per gallon; | ||
| and | ||
| (2) powdered alcohol at the rate of $2.40 per gallon | ||
| based on the amount of liquid suggested to be added by the | ||
| manufacturer's packaging. | ||
| SECTION 6. This Act takes effect September 1, 2017. | ||
