Bill Text: TX SB1210 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the removal, destruction, and disposal of certain alcoholic beverages that become unfit for consumption after a natural disaster.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1210 Detail]

Download: Texas-2019-SB1210-Comm_Sub.html

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By: Hancock S.B. No. 1210
(In the Senate - Filed February 27, 2019; March 7, 2019,
read first time and referred to Committee on Business & Commerce;
April 8, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1210 By: Hancock

A BILL TO BE ENTITLED
AN ACT
relating to the removal of certain alcoholic beverages that become
unfit for consumption after a natural disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 109,
Alcoholic Beverage Code, is amended to read as follows:
SUBCHAPTER A. SALVAGED AND INSURED LOSSES; UNINSURED LOSSES
SECTION 2. Subchapter A, Chapter 109, Alcoholic Beverage
Code, is amended by adding Section 109.09 to read as follows:
Sec. 109.09. REMOVAL OF UNINSURED BEVERAGES UNFIT FOR
CONSUMPTION. (a) Uninsured ale, malt liquor, or beer that becomes
unfit for public consumption, as described by Section 103.07(b),
may be removed from the inventory of a retailer if the holder of the
brewer's permit or manufacturer's license who manufactured the
beverage and the wholesaler or distributor that distributed the
beverage jointly determine that the beverage:
(1) became unfit for public consumption as the result
of a natural disaster in an area declared to be a disaster under
Section 418.014, Government Code; and
(2) should be removed from the inventory of the
retailer.
(b) A manufacturer or brewer and a wholesaler or distributor
who agree to the removal of a beverage under Subsection (a) must
hold the retailer from whose inventory the beverage is removed
harmless for the cost of the replacement of the removed beverage.
(c) The commission by rule may provide requirements
governing the disposal or destruction by a retailer of uninsured
ale, malt liquor, or beer that is determined to be unfit for public
consumption under this section.
SECTION 3. This Act takes effect September 1, 2019.
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