Bill Text: TX HB4042 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the sale by certain alcoholic beverage permit holders of alcoholic beverages at auction.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB4042 Detail]
Download: Texas-2017-HB4042-Comm_Sub.html
Bill Title: Relating to the sale by certain alcoholic beverage permit holders of alcoholic beverages at auction.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB4042 Detail]
Download: Texas-2017-HB4042-Comm_Sub.html
By: Paddie (Senate Sponsor - Whitmire) | H.B. No. 4042 | |
(In the Senate - Received from the House May 1, 2017; | ||
May 4, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 22, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 22, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 4042 | By: Campbell |
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relating to the sale by certain alcoholic beverage permit holders | ||
of alcoholic beverages at auction. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 53, Alcoholic Beverage Code, is amended | ||
to read as follows: | ||
CHAPTER 53. TEMPORARY [ |
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Sec. 53.001. AUTHORIZED ACTIVITIES. The holder of a | ||
temporary [ |
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beverages for consumption off premises to raise money to support | ||
the stated purpose [ |
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Sec. 53.002. FEE. (a) The state fee for a temporary | ||
[ |
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(b) A local fee may not be charged for the application for or | ||
issuance of a temporary [ |
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(c) The commission may not impose a surcharge for a | ||
temporary auction permit. | ||
Sec. 53.003. DURATION OF PERMIT. A temporary [ |
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auction permit may be issued for a period of not more than five | ||
days. | ||
Sec. 53.004. PERMIT. The commission may issue a temporary | ||
[ |
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(1) an organization that is exempt from taxation under | ||
Section 501(a), Internal Revenue Code of 1986 (26 U.S.C. Section | ||
501(a)) by being listed under Section 501(c)(3), Internal Revenue | ||
Code of 1986 (26 U.S.C. Section 501(c)(3)); or | ||
(2) a person or group of persons who are subject to | ||
recordkeeping requirements under Chapter 254, Election Code. | ||
Sec. 53.005. AUCTION LOCATION. (a) The holder of a | ||
temporary [ |
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area where the sale of the type of alcoholic beverage to be | ||
auctioned is authorized by a local option election. | ||
(b) The holder of a temporary [ |
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may conduct an auction at a premises of another permit or license | ||
holder if: | ||
(1) the alcoholic beverages to be auctioned are kept | ||
separate from the alcoholic beverages sold, stored, or served at | ||
the premises; and | ||
(2) the alcoholic beverages subject to the auction, | ||
whether sold or unsold, are removed from the premises immediately | ||
following the auction. | ||
Sec. 53.006. AUCTION NOTICE. Before an auction is held, the | ||
holder of a temporary [ |
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the branch office of the commission located closest to the auction | ||
site written notice of: | ||
(1) the date, time, and place of the auction; and | ||
(2) the inventory of the alcoholic beverages to be | ||
auctioned. | ||
Sec. 53.007. DISPOSITION OF PROCEEDS. The proceeds from an | ||
auction authorized by this chapter shall be deposited to the | ||
account of the holder of a temporary [ |
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Sec. 53.008. PROHIBITED ACTIVITIES. The holder of a | ||
temporary [ |
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(1) auction distilled spirits, wine, ale, or malt | ||
liquor that has not been donated to the organization; | ||
(2) auction alcoholic beverages if any taxes are owed | ||
on the beverages; and | ||
(3) [ |
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[ |
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person to: | ||
(A) arrange or conduct an auction under this | ||
chapter; or | ||
(B) arrange the donation of alcoholic beverages | ||
to be auctioned by the organization. | ||
Sec. 53.009. RULES. (a) The commission shall adopt rules | ||
to ensure the applicant qualifies under this chapter for | ||
[ |
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auction permit. | ||
(b) The commission shall adopt rules establishing penalties | ||
for the violation of rules adopted under this chapter. A penalty | ||
established by the commission under this subsection may not exceed | ||
a penalty that the commission may impose on the holder of another | ||
temporary license or permit. | ||
SECTION 2. Section 151.461(5), Tax Code, is amended to read | ||
as follows: | ||
(5) "Retailer" means a person required to hold: | ||
(A) a wine and beer retailer's permit under | ||
Chapter 25, Alcoholic Beverage Code; | ||
(B) a wine and beer retailer's off-premise permit | ||
under Chapter 26, Alcoholic Beverage Code; | ||
(C) a temporary wine and beer retailer's permit | ||
or special three-day wine and beer permit under Chapter 27, | ||
Alcoholic Beverage Code; | ||
(D) a mixed beverage permit under Chapter 28, | ||
Alcoholic Beverage Code; | ||
(E) a daily temporary mixed beverage permit under | ||
Chapter 30, Alcoholic Beverage Code; | ||
(F) a private club registration permit under | ||
Chapter 32, Alcoholic Beverage Code; | ||
(G) a certificate issued to a fraternal or | ||
veterans organization under Section 32.11, Alcoholic Beverage | ||
Code; | ||
(H) a daily temporary private club permit under | ||
Subchapter B, Chapter 33, Alcoholic Beverage Code; | ||
(I) a temporary [ |
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under Chapter 53, Alcoholic Beverage Code; | ||
(J) a retail dealer's on-premise license under | ||
Chapter 69, Alcoholic Beverage Code; | ||
(K) a temporary license under Chapter 72, | ||
Alcoholic Beverage Code; or | ||
(L) a retail dealer's off-premise license under | ||
Chapter 71, Alcoholic Beverage Code, except for a dealer who also | ||
holds a package store permit under Chapter 22, Alcoholic Beverage | ||
Code. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
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