Bill Text: TX HB2035 | 2011-2012 | 82nd Legislature | Enrolled
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.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB2035 Detail]
Download: Texas-2011-HB2035-Enrolled.html
H.B. No. 2035 |
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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 |