Bill Text: TX SB1210 | 2019-2020 | 86th Legislature | Enrolled
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-Enrolled.html
| S.B. No. 1210 | ||
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| relating to the removal, destruction, and disposal 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, DESTRUCTION, AND DISPOSAL 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 and destroyed and disposed of if the holder of the | ||
| brewer's permit or manufacturer's license who manufactured the | ||
| beverage and the wholesaler or distributor who 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 brewer or manufacturer and a wholesaler or distributor | ||
| who jointly agree to the removal of a beverage under Subsection (a) | ||
| shall jointly provide for the delivery and replacement of the | ||
| removed beverage at no cost to the retailer from whose inventory the | ||
| beverage is removed. The brewer or manufacturer who manufactured | ||
| the removed beverage is responsible for the cost of a replacement | ||
| beverage provided under this section. The wholesaler or | ||
| distributor who distributed the removed beverage is responsible for | ||
| the cost of delivering a replacement beverage provided under this | ||
| section. | ||
| (c) A retailer from whose inventory a beverage is removed | ||
| under this section is responsible for the costs associated with the | ||
| removal, destruction, and disposal of the removed beverage. | ||
| (d) The commission by rule shall provide requirements | ||
| governing the removal, destruction, and disposal by a retailer of | ||
| uninsured ale, malt liquor, or beer that is determined to be unfit | ||
| for public consumption under this section. Rules adopted under | ||
| this subsection must include provisions requiring verification by a | ||
| retailer from whose inventory a beverage is removed that the | ||
| beverage has been removed, destroyed, and disposed of in the manner | ||
| required by the commission. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1210 passed the Senate on | ||
| April 17, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 23, 2019, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1210 passed the House, with | ||
| amendment, on May 17, 2019, by the following vote: Yeas 146, | ||
| Nays 1, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
