Legislative Blog
J.B. Williams, J.D.
8 bills that modify the Alcoholic Beverage Code
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
HB 420 - Offense of providing an alcoholic beverage to a minor.
HB 3712 - Authorizing a distributor's license holder to provide samples of malt beverages to retailers.
SB 60 - Agreements between distiller's / rectifier's permits and alcoholic beverage permit holders.
SB 998 - Opioid related drug overdose training program for alcoholic beverage permit holders.
SB 1375 - Sampling or tasting of distilled spirits by manufacturer to a consumer at a temporary event
SB 1725 - Expunctions of some convictions or arrests of minor for some alcohol-related offenses
SB 1932 - Authorizing secondary wine sales
SB 2284 - Sale of distilled spirits to ultimate consumers
8 bills that modify the Alcoholic Beverage Code
Published: 2024-09-09
HB 420
Offense of providing an alcoholic beverage to a minor.
This Act is cited as Kyle and Ethan's law.
It is offense to purchase an alcoholic beverage for or give an alcoholic beverage to a minor. It use to require with criminal negligence. The offense is a state jail felony if the minor, as a result of the consumption of alcohol, caused another person to suffer serious bodily injury or death.
HB 3712
Authorizing a distributor's license holder to provide samples of malt beverages to retailers.
Samples can be provided to a holder of a permit or license authorizing the sale of that beverage, if the holder has not previously purchased that brand from that wholesaler or distributor. The sample may not be more than:
- 750 milliliters of any brand of distilled spirits;
- 3 liters of any brand of wine;
- 72 ounces of any brand of malt beverage
The holder or agent, servant, or employee may sample it on the premises if the holder of the wholesale permit or distributor's license is present or their agent, servant, or employee is present.
It basically permits samples of malt beverages to be provided, and modifies the size of each type permitted to be considered a sample.
SB 60
Agreements between distiller's / rectifier's permits and alcoholic beverage permit holders
Distiller's / rectifier's may enter agreements with other distiller's / rectifier's that allow them to do the following activities on the permitted premises of the other:
- manufacture distilled spirits;
- rectify, purify, and refine distilled spirits and wines;
- mix wines, distilled spirits and other liquors;
- bottle, label, and package finished products;
- sell finished products in Texas to wholesale permit holders outside of Texas;
- sell to an affiliate that is license to sell in Texas;
- purchase distilled spirits for manufacturing or rectification purposes;
- sell bulk alcohol produced
Operating agreement with in-state distillery. A nonresident seller's permit holder may enter an agrement with an in-state distillery to:
- manufacture distilled spirits;
- rectify, purify, and refine distilled spirits and wines;
- mix wines, distilled spirits and other liquors;
- bottle, label, and package finished products;
- sell finished products in Texas to wholesale permit holders outside of Texas;
SB 998
Opioid related drug overdose training program for alcoholic beverage permit holders
The commission shall develop a training program that provides training on the signs and symptoms of opioid-related drug overdose and the administration of opioid antagonist. This training shall be available on line.
Each holder of a mixed beverage permit, and their employees, that must complete a commission-approved seller training program must also complete the opioid-related drug overdose training program annually. Restaurants are exempt.
Each holder of a private club registration permit, and their employees, that must complete a commission-approved seller training program must also complete the opioid-related drug overdose training program annually. Restaurants are exempt.
It appears mixed beverage permits are retail like bars, hotel mini-bars. And private club registration permits are for private clubs that serve alcohol. So I guess being a bar that is part of a restaurant would be better because it doesn't require this additional training. I'm honestly not sure why these places need this additional training because I wouldn't think it highly likely to find someone have an opioid-related drug overdose on the premises. But then again, they are requiring this in schools so perhaps it happens much more often.
SB 1375
Sampling or tasting of distilled spirits by manufacturer to a consumer at a temporary event
The temporary event is added to the dispense of free distilled spirits for consumption list. The sample may not exceed 1/2 ounce. The consumer may not leave the premises with the spirits.
SB 1725
Expunctions of some convictions or arrests of minor for some alcohol-related offenses
There must be only 1 incident to be expunged, and it shall be expunged upon the request of the individual convicted.
SB 1932
Authorizing secondary wine sales
A permitted restaurant holds the following:
- a mixed beverage permit, a wine and malt beverage retailer's permit, or a private club registration permit; and
- food and beverage certificate
A wine collection seller is a person who is at least 21 years old, does not hold a license or permit under the Alcoholic Beverage Code; and is:
- an administration, executor, receiver, or fudiciaary who receives and sells wine in the fudiciary capacity;
- creditor who receives or takes possession of wine toward payment of debt;
- public officer or court official who levies on wind for a court proceeding or
- a person who does not hold a permit or license and is not engage in the business of selling alcoholic beverages
A wine collection seller may sell to a permitted restaurant wine that is lawfully possessed, in the original sealed container, and is manufactured not less than 20 years before the sale. A permitted restaurant may purchase it and sell to a consumer for on-premises consumption. The permitted restaurant must keep records until the 2nd anniversary after it is sold. It must, at a minimum, contain:
- name, address, and phone number of the seller;
- description of the wine;
- details of the transaction, including brand and quantity;
- date of purchase;
- documents supporting the provenance of the wine
The sale of wine by a wine collection seller is exempt from taxes.
SB 2284
Sale of distilled spirits to ultimate consumers
The holder of a distiller's and rectifier's permit holder may not sell more than 4 750 milliliter bottles of distilled spirits to a consumer in the same 30 day period. They must keep records of these sales.
I'm guessing this is to protect retail sellers, so keeping one level of additional cost in the line. But then again, who would need more than 4 for personal consumption anyway.
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