88R8400 SCP-D     By: Creighton S.B. No. 1932       A BILL TO BE ENTITLED   AN ACT   relating to authorizing secondary wine sales; requiring a   registration; authorizing an administrative penalty; authorizing a   fee and a tax.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 4, Alcoholic Beverage Code, is amended by   adding Chapter 111 to read as follows:   CHAPTER 111.  SECONDARY WINE SALES          Sec. 111.001.  DEFINITIONS. In this chapter:                (1)  "Permitted restaurant" means a restaurant that   holds:                      (A)  a mixed beverage permit, a wine and malt   beverage retailer's permit, or a private club registration permit;   and                      (B)  a food and beverage certificate.                (2)  "Registered wine collector" means the holder of a   collector's registration number issued by the commission under this   chapter.          Sec. 111.002.  COLLECTOR'S REGISTRATION.  (a)  A person may   be registered as a wine collector under this chapter only if the   person:                (1)  passes a basic background check;                (2)  pays a fee established by the commission in   accordance with Section 5.50; and                (3)  fulfills any other requirement prescribed by   commission rule.          (b)  The commission shall issue a unique wine collector's   registration number to each registered wine collector.          Sec. 111.003.  AUTHORIZED ACTIVITIES. A registered wine   collector may sell to a permitted restaurant wine that is:                (1)  lawfully owned by the collector;                (2)  in an original container sealed by the   manufacturer; and                (3)  manufactured not less than 20 years before the   date the collector sells the wine to a permitted restaurant.          Sec. 111.004.  PURCHASE BY RESTAURANT; SALE TO CONSUMER.  A   permitted restaurant may purchase wine from a registered wine   collector and sell that wine to an ultimate consumer for   on-premises consumption in accordance with the permit held by the   permitted restaurant.          Sec. 111.005.  RECORDS. (a)  A permitted restaurant that   purchases wine under this chapter shall maintain a record of each   purchase. A permitted restaurant shall maintain the record until   the second anniversary of the date the restaurant sells the wine to   an ultimate consumer.          (b)  The record, at a minimum, must include:                (1)  the name and registration number of the registered   wine collector who sold the wine to the permitted restaurant;                (2)  a description of the wine;                (3)  details of the transaction between the registered   wine collector and the permitted restaurant; and                (4)  any documents that support the provenance of the   wine.          (c)  A permitted restaurant shall make a record of a wine   purchase made under this chapter available upon request to the   ultimate consumer who purchases the wine. The ultimate consumer   may request the records either before or after the sale to the   consumer.  The permitted restaurant may redact from the record the   price the restaurant paid for the wine.          (d)  The commission shall assess an administrative penalty   in the amount of $500 against a permitted restaurant for each   violation of this section.          Sec. 111.006.  TAX. A permitted restaurant shall pay a tax   of $1.00 for each container of wine purchased by the restaurant   under this chapter. The permitted restaurant shall remit the tax   imposed under this section in the same manner as a tax imposed on   liquor under Subchapter A, Chapter 201.          SECTION 2.  As soon as practicable after the effective date   of this Act, the Texas Alcoholic Beverage Commission shall adopt   rules necessary to implement Chapter 111, Alcoholic Beverage Code,   as added by this Act.          SECTION 3.  This Act takes effect September 1, 2023.