HB 11 – Cook/Eltife – relating to reports filed with the comptroller regarding certain alcoholic beverage sales; providing a penalty. Requires all license and permit holders authorized to sell to retailers to file a report with the State Comptroller showing such sales. (Effective September 1, 2011.)
HB 1401 – Laubenberg/Estes – relating to who may participate in certain local option elections to prohibit or authorize the sale of alcoholic beverages. A municipality that includes an area annexed to the municipality on or after the date on which a petition requesting a local option election in the municipality is filed may hold the election in the municipality only if the petition contains a sufficient number of signatures to meet the requirements of Section 501.032, based on the number of qualified voters in the municipality, including the annexed area. The qualified voters of the annexed area must be allowed to vote in the local option election. The results of the election shall determine the local option status of the municipality, including the annexed area (Effective September 1, 2011.)
HB 1469 – Hernandez Luna/Gallegos – relating to exempting certain fraternal and veterans organizations from certain bond requirements to obtain an alcoholic beverage permit or license. Exempts veteran and fraternal organizations from performance bond requirements for certain BGs and BEs in a county with a population of 1.4 million or more; BG’s (on-premise beer and wine permit) and BE’s (on-premise beer license) located in Dallas, Tarrant, Harris and Bexar (as of 9/1/11) Counties that do not hold a food and beverage certificate and whose primary business is not food are required to post an initial surety (performance) bond in the amount of $2,000. (Effective September 1, 2011.)
HB 1936 – Gutierrez/Lucio – relating to importation and shipment of alcoholic beverages for personal consumption.Serves three functions: one, increases the administrative fee on alcoholic beverages from 50 cents to $3 per container; two, equalizes the importation limits between Texas residents and non-residents, increasing the importation limit for Texans from one quart to a gallon of distilled spirits every 30 days; three, allows for the importation of a personal collection of beer and/or distilled spirits by persons moving to Texas. No taxes would be owed to the state and no licensing or paperwork required by TABC. Current law already allows the importation of a wine collection (Effective September 1, 2011.)
HB 1952 – Kuempel/Eltife – relating to alcoholic beverage seller-servers and to seller training programs. Gives TABC the specific statutory authority, after notice and hearing, to cancel or suspend the commission’s approval of a seller training program, the commission’s certification of a trainer to teach a seller training program, or the commission’s certification of a seller-server upon violation of the Alcoholic Beverage Code or an Administrative Rule. The commission may give a program, trainer, or seller-server the opportunity to pay a civil penalty rather than be subject to suspension under this subsection. (Effective immediately.)
HB 1959 – Thompson/Carona – relating to appeal of the certification of an area’s wet or dry status. Allows an applicant for a permit or license that is refused certification by the county clerk, city secretary or city clerk to appeal the refusal of the certification and is entitled to a hearing before the County Judge. TABC is not involved in this process. (Effective September 1, 2011.)
HB 2012 – Thompson/Gallegos – relating to certain prohibited dealings between a wholesaler and retailer of alcoholic beverages.Classifies a Texas winery as a retailer for the purposes of 102.32 Sale of Liquor: Credit Restrictions when the winery purchases wine from a wholesaler for resale to the ultimate consumer in unbroken packages. In other words, wineries will be subject to credit law restrictions when purchasing wine from a wholesaler to resell to the ultimate consumer. If a winery fails to pay a wholesaler on time, the winery shall be placed on the statewide delinquent list and no wine may be purchased from wholesalers until the account is paid in full. (Effective September 1, 2011.)
HB 2033 – Hamilton/Eltife – relating to the separate statement of the mixed beverage tax for informational purposes.For informational purposes only, a mixed beverage or private club permit holder may include on a customer’s bill or receipt a separate statement disclosing the amount of gross receipts tax to be paid by the permittee. The separate statement must clearly disclose the amount of tax payable by the permittee. The tax may not be separately charged to or paid by the customer. (Effective immediately.)
HB 2035 – Hamilton/Jackson – 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. Allows a temporary relocation of the premises of a distributor or wholesaler due to emergency situations caused by natural disaster or catastrophe, weather, fire, earthquake, or act of God. (Effective immediately.)
SB 351 – Williams/Deshotel – relating to the maximum capacity of a container of wine sold to a retail dealer. Increases the maximum capacity of a wine container sold to a retailer from 4.9 gallons to 8 gallons. (Effective immediately.)
SB 438 – Nelson/Geren – relating to the number of days a winery may sell wine under a winery festival permit. The holder of a winery festival permit may not offer wine for sale on more than four consecutive days at the same location.
Previously, a winery festival permit could not be used for more than five days in a 30-day period or for more than three consecutive days at the same location. (Effective immediately.)
SB 890 – Carona/Hamilton – relating to certain promotional activities for certain alcoholic beverage permit holders. Requires TABC to adopt rules that allow wholesalers to clean and maintain coil connections on wine kegs. (Effective September 1, 2011.)