Bill Text: TX HB3101 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to authorizing the sale of alcoholic beverages on certain passenger buses; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-05-29 - Effective immediately [HB3101 Detail]
Download: Texas-2017-HB3101-Comm_Sub.html
Bill Title: Relating to authorizing the sale of alcoholic beverages on certain passenger buses; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-05-29 - Effective immediately [HB3101 Detail]
Download: Texas-2017-HB3101-Comm_Sub.html
By: Kuempel (Senate Sponsor - Birdwell) | H.B. No. 3101 | |
(In the Senate - Received from the House May 1, 2017; | ||
May 3, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 11, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 7, Nays 0; | ||
May 11, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3101 | By: Campbell |
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relating to authorizing the sale of alcoholic beverages on certain | ||
passenger buses; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(d) The following are exempt from the fee authorized in this | ||
section: | ||
(1) agent's, airline beverage, passenger train | ||
beverage, passenger bus beverage, industrial, carrier's, private | ||
carrier's, private club registration, local cartage, storage, and | ||
temporary wine and beer retailer's permits; | ||
(2) a wine and beer retailer's permit issued for a | ||
dining, buffet, or club car; and | ||
(3) a mixed beverage permit during the three-year | ||
period following the issuance of the permit. | ||
SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is | ||
amended by adding Chapter 48A to read as follows: | ||
CHAPTER 48A. PASSENGER BUS BEVERAGE PERMIT | ||
Sec. 48A.01. AUTHORIZED ACTIVITIES; APPLICABILITY OF | ||
CHAPTER. The holder of a passenger bus beverage permit: | ||
(1) has the same rights with respect to the sale of | ||
alcoholic beverages on a passenger bus, as described by Section | ||
48A.03(a), as the holder of an airline beverage permit has with | ||
respect to the sale of alcoholic beverages on a commercial | ||
passenger airplane under Section 34.01; and | ||
(2) may store alcoholic beverages at the permitted | ||
location. | ||
Sec. 48A.02. FEE. The annual fee for a passenger bus | ||
beverage permit is $500. | ||
Sec. 48A.03. ELIGIBILITY FOR PERMIT; APPLICATION AND | ||
PAYMENT OF FEE. (a) The commission or administrator may issue a | ||
passenger bus beverage permit to any corporation operating a | ||
commercial passenger bus service in or through the state using a | ||
passenger bus that: | ||
(1) is designed and used for the regularly scheduled | ||
intercity transportation of passengers for compensation; | ||
(2) is characterized by integral construction with: | ||
(A) an elevated passenger deck over a baggage | ||
compartment; | ||
(B) a passenger seating capacity of at least 16 | ||
and not more than 36; and | ||
(C) a separate galley area; | ||
(3) is at least 35 feet in length; and | ||
(4) while transporting passengers for compensation, | ||
also transports an attendant who: | ||
(A) is not the operator of the bus; and | ||
(B) has attended a commission-approved seller | ||
training program. | ||
(b) Application and payment of the fee shall be made | ||
directly to the commission. | ||
Sec. 48A.04. EXEMPTION FROM TAXES. The preparation and | ||
service of alcoholic beverages by the holder of a passenger bus | ||
beverage permit is exempt from a tax imposed by this code and from | ||
the tax imposed by Chapter 151, Tax Code. | ||
Sec. 48A.05. SALE OF LIQUOR TO PERMITTEE. Only a holder of | ||
a wholesale permit may sell liquor to a holder of a passenger bus | ||
beverage permit. A sale of liquor to a holder of a passenger bus | ||
beverage permit shall be considered as a sale at retail to a | ||
consumer. | ||
Sec. 48A.06. INAPPLICABLE PROVISION. Section 109.53 does | ||
not apply to a passenger bus beverage permit. | ||
SECTION 3. Section 101.46(b), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(b) Subsection (a) of this section does not apply to | ||
permittees or licensees while engaged in supplying airline | ||
beverage, [ |
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permittees, nor to the possession or sale of liquor by an airline | ||
beverage, [ |
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but none of the permittees or licensees covered by this subsection | ||
may possess liquor in a container with a capacity of less than one | ||
fluid ounce. | ||
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, 2017. | ||
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