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Summary of New Laws of the 84th Legislature Amending the Alcoholic Beverage Code
New Laws Amending the Alcoholic Beverage Code (Excel version)
New Laws Amending the Alcoholic Beverage Code (PDF version)
Licensing
| Bill | Author | Caption | Summary | AB Code (amended) (new) (repealed) |
Effective Date |
|---|---|---|---|---|---|
| HB 601 | Clardy, Travis | Relating to the premises covered by mixed beverage permits for certain county-owned facilities. | Sets certain criteria that allows all buildings in a facility to be licensed premise for a permit; Nacogdoches Civic Center meets the criteria | 28.135 | 9/1/2015 |
| HB 910 | Phillips, Larry | Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun. | Strikes "concealed" in sections of AB Code pertaining to handguns on licensed/permitted premises | 11.041(a) 11.61(e) 61.11(a) 61.71(f) |
1/1/2016 |
| HB 2339 | Smith, Wayne | Relating to consumption of alcoholic beverages in public entertainment facilities. | Allows certain PEFs that register with agency and for which there is a single license/permit holder to walk between licensed/permitted areas | 108.82 | 6/10/2015 |
| SB 540 | Eltife, Kevin | Relating to the hours during which a holder of a retail dealer's on-premise late hours license may sell beer. | Clarifies that all late hours licenses are based on approval by local ordinance/order (as well as population) | 70.01 | 6/1/2015 |
| SB 700 | Eltife, Kevin | Relating to the use of electronic processes by and electronic information submitted to the Texas Alcoholic Beverage Commission. | Allows electronic signature to be submitted in lieu of notarized manual signature for original and renewal licenses and permits as well as label certificates and any related documentation required with those applications | 5.321 5.55 |
9/1/2015 |
Local Option / Local Control
| Bill | Author | Caption | Summary | AB Code (amended) (new) (repealed) |
Effective Date |
|---|---|---|---|---|---|
| HB 2035 | Raymond, Richard | Relating to regulation by certain alcohol-related businesses based on the amount of alcohol sold. | Allows cities and counties near border to regulate location of businesses that derive 50% or more in gross revenue from on-premise alcohol sales | 109.57(d) | 9/1/2015 |
| HB 2296 | Smith, Wayne | Relating to regulation by a municipality of the possession of an open container or the public consumption of alcoholic beverages. | Removes TABC's role in approving a local government's prohibition of open containers or public consumption of alcohol in a central business district (CBD) | 109.35 | 9/1/2015 |
| HB 2735 | Capriglione, Giovanni | Relating to the sale of alcoholic beverages in certain areas annexed by a municipality. | Allows city that is wet for beer & wine off-premises since 1/1/85 to adopt an ordinance authorizing same in annexed area if area meets certain conditions; areas in Keller, Pittsburg and Gainesville may meet conditions | 251.72 251.725 |
6/15/2015 |
| SB 680 | Nelson, Jane | Relating to the sale of alcoholic beverages in areas annexed or owned by certain municipalities. | Asserts that when certain conditions are met by a city, then an annexed area and an area contiguous to and owned by the city, assumes the wet/dry status of the city; Grapevine meets the conditions | 251.72 251.725 |
9/1/2015 |
Marketing Practices / Labeling
| Bill | Author | Caption | Summary | AB Code (amended) (new) (repealed) |
Effective Date |
|---|---|---|---|---|---|
| HB 1039 | Geren, Charlie | Relating to the sale by package stores of containers of liquor with a capacity of less than six fluid ounces. |
Removes restriction that requires package stores to sell containers less than six ounces (miniatures) in multiples | 101.46(a) | 6/19/2015 |
| HB 1348 | Geren, Charlie | Relating to the approval of certain alcoholic beverages by the Texas Alcoholic Beverage Commission. | Adds "only" to statute to clarify and codify current practice of approving a label with federal COLA strictly for quality, identity and purity | 101.671(b) | 9/1/2015 |
| HB 1905 | Springer, Drew | Relating to the repeal of certain alcoholic beverage taxes and the tax on controlled substances. | Exempts airlines and trains from paying an excise tax and service fee on the alcoholic beverages they serve to consumers when traveling in Texas | 34.04 48.04 |
9/1/2015 |
| HB 2022 | Smith, Wayne | Relating to the maximum capacity of a container of wine sold to a retail dealer. | Increases the maximum capacity of a wine container from 8 gallons to 15.5, which standardizes wine keg sizes with beer keg sizes | 101.45 | 5/28/2015 |
| SB 858 | Eltife, Kevin | Relating to license holders authorized to obtain label approval for beer, ale, and malt liquor. | Adds brewpubs to list of licensees/permittees that can obtain label approval for malt beverages | 101.67(b) | 6/16/2015 |
| SB 881 | Nelson, Jane | Relating to the dedication of certain wine-related revenue. **HB 6 allows for dedicated account |
Expands dedication of certain wine-related revenue through 2025 and funds priorities for research and development of Texas wine | 205.03(b)-(e), (j), (n), (p) 205.03(n-1) 205.03(a), (f)-(i), (k)-(m), (o) |
9/1/2015 |
Enforcement
| Bill | Author | Caption | Summary | AB Code (amended) (new) (repealed) |
Effective Date |
|---|---|---|---|---|---|
| HB 824 | Kuempel, John | Relating to the sale of alcoholic beverages to customers of a package store during certain hours. | Allows customer of a package store entering before closing a reasonable amount of time to make a purchase after closing time | 22.17 | 6/19/2015 |
| HB 909 | Phillips, Larry | Relating to the tasting of alcoholic beverages by students enrolled in certain courses. | Allows minor students enrolled in certain college classes to taste an alcoholic beverage and spit it out | 106.05(b) 106.06(b) 106.16 |
9/1/2015 |
| HB 2533 | Goldman, Craig | Relating to the repeal of an offense prohibiting offensive noise on a premises covered by an alcoholic beverage license or permit. | Repeal Offensive Noise on Premises in AB code since no longer used. | 101.62 | 9/1/2015 |
| HB 3982 | Romero, Ramon | Relating to solicitation to buy drinks for consumption by a retailer. | Adds offense of drink solicitation as an exception to disallow a permittee/licensee to pay a civil penalty in lieu of a suspension or cancellation. Defines drink solicitation as a presumption of alcohol being sold by a permittee/licensee in excess of the permittee/licensee's customary price. | 11.64(a) 104.01 104.01(b) |
9/1/2015 |
| SB 367 | Garcia, Sylvia | Relating to the unauthorized use of an alcoholic beverage permit or license. | Creates an offense if license/permit holder allows another person to use their license/permit AND if a person uses someone's license/permit; no license/permit for 5 years if convicted and license/permit cancelled if convicted | 11.05 11.46(d) 11.61(d-1) 61.16 61.42 61.713 101.76 |
9/1/2015 |
| SB 808 | Eltife, Kevin | Relating to the sale of distilled spirits to ultimate consumers by the holder of a distiller's and rectifier's permit. | Defines "wet" based on specific citations for local option elections and clarifies privileges of certain permit holders based on authority granted through local option elections and date of elections | 14.01(a) 14.04(a) 14.05(a) & (b) |
9/1/2015 |
| SB 1651 | Eltife, Kevin | Relating to the employment requirements of a person working as a cashier for transactions involving the sale of alcoholic beverages. | Allows a person under 18 to work as a cashier for transactions involving the sale of alcohol if it's for on-premise consumption and sold by 18 year old or older and business gets less than 50% of gross receipts from alcohol | 106.09 | 5/19/2015 |
General
| Bill | Author | Caption | Summary | AB Code (amended) (new) (repealed) |
Effective Date |
|---|---|---|---|---|---|
| SB 1228 | Seliger, Kel | Relating to authorizing children of Texas Alcoholic Beverage Commission employees to be employed by holders of licenses or permits issued by the commission. | Authorizes children of TABC employees to be employed by holders of a license/permit | 5.05 | 9/1/2015 |
| SB 880 | Nelson, Jane | Relating to certain committees and programs to develop the wine industry in this state through the Department of Agriculture. | TABC is part of the Wine Industry Development Advisory Committee as a non-voting member | 205.03(p) | 9/1/2015 |
| HB 642 | Canales, Terry | Relating to an alcohol awareness program or drug education program for certain minors convicted of or adjudicated to have engaged in, or placed on deferred disposition or community supervision for, certain drug or alcohol related offenses | Establishes a drug education program in addition to the alcohol education program | 106.071(e) 106.115(a) |
9/1/2015 |
| SB 202 | Nelson, Jane | Relating to the Department of State Health Services, the provision of health services in this state, and the regulation of certain health-related occupations and activities. | alcohol awareness program noted in Section 106.115 is now approved by TDLR instead of DSHS or TEA; not effective until FY18-19 | 106.115 (in FY18-19) |
9/1/2015 |
| SB 1296 | West, Royce | Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications. | Makes nonsubstantive changes to AB and other codes | 1.04 11.72 14.01 14.05 105.081 |
9/1/2015 |
| HB 2299 | Riddle, Debbie | Relating to the nonsubstantive revision of certain laws concerning community supervision granted in criminal cases, including conforming amendments. | Codifies Article 42.12, Code of Criminal Procedure, as a new Chapter 42A, Code of Criminal Procedure; non-substantive changes to AB Code (Effective 1/1/17) |
106.06(d),(e) | 1/1/2017 |