Bill Text: TX HB2035 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 3)

Status: (Passed) 2011-06-17 - Effective immediately [HB2035 Detail]

Download: Texas-2011-HB2035-Enrolled.html

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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