Bill Text: TX HB2299 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to verification of alcohol content for prior approval of malt beverages.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB2299 Detail]

Download: Texas-2017-HB2299-Enrolled.html
 
 
  H.B. No. 2299
 
 
 
 
AN ACT
  relating to verification of alcohol content for prior approval of
  malt beverages.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 101.67(a), (d), and (e), Alcoholic
  Beverage Code, are amended to read as follows:
         (a)  No person may ship or cause to be shipped into the state,
  import into the state, manufacture and offer for sale in the state,
  or distribute, sell, or store in the state any beer, ale, or malt
  liquor unless:
               (1)  a sample of the beverage or a sample of the same
  type and quality of beverage has been first tested to verify the
  alcohol content of the beverage by:
                     (A)  [submitted to] an independent [, reputable]
  laboratory;
                     (B)  a laboratory certified by the United States
  Alcohol and Tobacco Tax and Trade Bureau or its successor agency as
  qualified for the analysis of beer for export; or
                     (C)  the commission [for analysis to verify the
  alcohol content of the beverage]; and
               (2)  the label of the beverage has been first submitted
  to the commission or its representative and found to comply with all
  provisions of this code relating to the labeling of the particular
  type of beverage.
         (d)  If the commission determines that the product tested
  [analysis provided by the independent laboratory or the sample,]
  and [the] label submitted under [, required by] Subsection (a)
  comply with the provisions of this code and the rules of the
  commission, the commission shall issue a certificate of approval
  upon receipt of a fee in an amount that is sufficient to cover the
  cost of administering this section.  A copy of the certificate
  shall be kept on file in the office of the commission.
         (e)  The commission may require proof by affidavit or
  otherwise that a laboratory performing a test [by rule shall
  establish the procedures for accepting analysis of beer, ale, or
  malt liquor by an independent laboratory] under Subsection
  (a)(1)(A) is independent [(a)(1)].
         SECTION 2.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2299 was passed by the House on April
  13, 2017, by the following vote:  Yeas 138, Nays 0, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2299 was passed by the Senate on May
  12, 2017, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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