TABC Code - Texas Alcoholic Beverage Commission

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(5) if the amount appropriated under Subsection (f) exceeds $200,000, the lesser of the remaining amount or $30,000 shall be distributed to an appropriate institution of higher education for technical support personnel for enology research; and (6) if the amount appropriated under Subsection (f) exceeds $230,000, the lesser of the remaining amount or $50,000 shall be distributed to an appropriate institution of higher education to fund two graduate internships in enology. (h) If the maximum amount that may be distributed for a purpose provided by Subsection (g) is not available and the commissioner of agriculture determines that the amount available for that purpose is insufficient to achieve that purpose, the commissioner of agriculture may deposit the lesser amount into the wine industry development fund to be used for a purpose described by Subsection (l). (i) Money appropriated under Subsection (f) derived from Subsection (b)(1) may be used only for a purpose described by Subsection (m). (j) If the amount available for a fiscal year under Subsections (b)(1) and (2) exceeds the amount that may be appropriated under Subsections (c)-(g), the lesser of the amount remaining under Subsections (b)(1) and (2) or $50,000 may be appropriated only for distribution to the T. V. Munson Viticulture and Enology Center at Grayson Community College to fund the associate degree program at the center. (k) If the amount available for a fiscal year under Subsections (b)(1) and (2) exceeds the amount that may be appropriated under Subsections (c)-(j): (1) the lesser of the amount remaining under Subsection (b)(2) or $250,000 may be appropriated only to the commission; and (2) the commission shall reduce the amount of the surcharge imposed during the following fiscal year under Section 5.55, as added by Chapter 101, Acts of the 78th Legislature, Regular Session, 2003, on permit and license holders who are not authorized to sell wine by an amount that will reduce the total amount collected under that section by the amount appropriated to the commission under Subdivision (1). (l) If the amount available for a fiscal year under Subsections (b)(1) and (2) exceeds the amounts that may be appropriated under Subsections (c)-(k), the remaining amount shall be deposited in the general revenue fund to the credit of the wine industry development fund and may be appropriated only to the Department of Agriculture. Money appropriated under this subsection may be used only for the purpose of providing funding to public or private entities to conduct surveys, research, and other projects related to a purpose described by Subsection (m) or (n). (m) Revenue derived under Subsection (b)(1) and not otherwise appropriated under Subsections (c)-(k) may be appropriated only for the purpose of: (1) developing viticulture-related and enology-related education programs; (2) eliminating and eradicating Pierce's disease, the glassy-winged sharpshooter, and other diseases and pests that negatively impact the production of grapes and wine in the United States; or (3) developing technologies, strategies, or practices that could benefit the production of grapes and wine in the United States. (n) Revenue derived under Subsection (b)(2) and not otherwise appropriated under Subsections (c)-(k) may be appropriated only for the purposes of increasing the economic impact of the Texas wine producing industry on the state. (o) The comptroller shall provide the Department of Agriculture information necessary to allow the department to identify the amount of revenue appropriated to the department that is derived under Subsection (b)(1) and the amount of that revenue that is derived under Subsection (b)(2) so that the department may distribute the revenue in accordance with this section. (p) This section expires September 1, 2015. CHAPTER 206. PROVISIONS GENERALLY APPLICABLE TO TAXATION Texas Alcoholic Beverage Code (2009) 180
Sec. 206.01. RECORDS. (a) A permittee who distills, rectifies, manufacturers, or receives any liquor shall make and keep a record of each day's production or receipt of liquor and the amount of tax stamps purchased by the permittee. A permittee other than a retailer shall make and keep a record of each sale of liquor and to whom the sale is made. Each transaction shall be entered on the day it occurs. Permittees shall make and keep any other records required by the commission. All required records shall be kept available for inspection by the commission or its authorized representatives for at least four years. All required records may be retained in electronic or microfiche formats and may be retained on or off the premises of the permittee, consistent with the requirements of this section. (b) No person may fail or refuse to make and retain for at least four years any record required by this section. (c) No person may fail or refuse to keep any record required by this section open for inspection by the commission or its duly authorized representatives during reasonable office hours. (d) No person may knowingly, with intent to defraud, make or cause to be made any false entry in any record required by this section or with like intent, alter or cause to be altered any item in one of those records. Sec. 206.02. PROOF OF TAXES DUE. In a suit or claim by the attorney general for taxes due, he may attach or file as an exhibit a report or audit of a permittee or licensee with an affidavit made by the administrator or his representative stating that the taxes shown to be due by the report or audit are past due and unpaid and that all payments and credits have been allowed. Unless the opposing party files an answer in the same form and manner as required by Rule 185, Texas Rules of Civil Procedure, the audit or report constitutes prima facie evidence of the taxes due. The provisions of Rule 185 are applicable to a suit to collect taxes under this section. Sec. 206.03. IMPORTATION WITHOUT TAX STAMP. A person commits an offense if he imports or transports liquor into this state without the proper state tax stamps affixed to the containers if the liquor is consigned to, intended for delivery to, or being transported to a person or place inside this state unless the liquor is consigned to a holder of a permit authorizing the importation of liquor. Sec. 206.04. JURISDICTION CEDED TO FEDERAL GOVERNMENT. (a) No person may transport or ship or cause to be transported or shipped any alcoholic beverage into any area in this state in which the state has ceded police jurisdiction to the federal government or any of its agencies unless the containers or packages holding those alcoholic beverages have a Texas tax stamp affixed if required by this code. (b) Common carriers are not required to see that tax stamps are affixed. Sec. 206.05. UNMUTILATED STAMPS. No person may possess, buy, sell, or offer to buy or sell any empty carton, case, package, keg, barrel, bottle, or any other kind of alcoholic beverage container on which the state tax stamps have not been mutilated or defaced. Sec. 206.06. FORGERY OR COUNTERFEITING. (a) In this section, "counterfeit" or "forged" means printed, manufactured or made by, or under the direction of, or issued, sold, or circulated by a person not authorized to do so under the provisions of this code. (b) No person may forge or counterfeit a stamp provided for in this code or print, engrave, make, issue, sell, circulate, or possess with intent to use, sell, circulate, or pass a forged or counterfeit stamp or place or cause to be placed any forged or counterfeit stamp on any container of alcoholic beverage. (c) No person may print, engrave, make, issue, sell, or circulate with intent to defraud or knowingly possess a forged or counterfeit permit, license, official signature, certificate, evidence of tax payment, or other instrument. (d) No person may possess a stamp or a part of a stamp, die, plate, device, machine, or other instrument used or designed for use for forging or counterfeiting any instrument named in Subsection (b) or (c) of this section. (e) Conviction for an offense defined in this section may be had on the uncorroborated evidence of an accomplice. A court, officer, or tribunal having jurisdiction of an offense defined in this section or any district or county attorney may subpoena any person and compel his attendance as a Texas Alcoholic Beverage Code (2009) 181
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ALCOHOLIC BEVERAGE CODE SEPTEMBER 1
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TITLE 1. GENERAL PROVISIONS Chapter
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Chapter 104. Chapter 105. Chapter 1
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ALCOHOLIC BEVERAGE CODE TITLE 1. GE
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(18) "Original package," as applied
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Sec. 5.02. MEMBERS OF COMMISSION; A
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appropriation. The commission or ad
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whom he represents and of the fact
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law or regulations, in order to rec
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order, the judge hearing the matter
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(b) If a written complaint is filed
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(b) The report must specify the num
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laws of this state that applies for
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shall be on a form prescribed by th
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(c) Notwithstanding any other provi
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(d) This section does not apply to
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surrendered. An application submitt
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109.53 of this code for any cause o
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SUBCHAPTER C. CANCELLATION AND SUSP
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(4) who possesses a concealed handg
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(c) The following circumstances jus
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Sec. 11.73. AFFIRMATION OF COMPLIAN
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(b) A sampling event authorized by
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(1) not the holder of a permit auth
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and malt liquor that is illegal to
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(b) The holder of a package store p
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(4) sharing or utilizing the same b
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Sec. 24.05. PROHIBITED INTERESTS. (
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spouse, during the five years immed
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(b) A permittee who fails to comply
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Sec. 27.14. APPLICATION OF WINE AND
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transporter may acquire the alcohol
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(2) the home port of the boat is in
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Sec. 30.04. PURCHASE OF DISTILLED S
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center and that borders a lake may
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third person guaranteed by all the
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not less than 50 acres that is owne
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the permit holder is storing or ser
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(b) The commission may not issue mo
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produce, including tastings, at a r
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from a holder of a mixed beverage p
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Sec. 43.04. ELIGIBILITY FOR PERMIT.
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(3) sell denatured or industrial al
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CHAPTER 51. MINIBAR PERMIT Sec. 51.
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(i) During the tasting, not more th
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Sec. 54.04. PERMIT FEE. The annual
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SUBTITLE B. LICENSES CHAPTER 61. PR
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(b) The commission's rules shall sp
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(i) A master may be an employee of
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Sec. 61.37. CERTIFICATION OF WET OR
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(7) the applicant is not of good mo
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Sec. 61.48. RENEWAL APPLICATION. An
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(30) is residentially domiciled wit
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usiness does in fact endanger the g
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Sec. 61.86. DISCIPLINE FOR ACTIONS
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(c) A truck operated by a licensed
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Sec. 64.05. PERSONS INELIGIBLE FOR
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Sec. 66.06. RENEWAL OF LICENSE. App
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(1) prostitution; (2) a vagrancy of
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(b) The holder of a retail dealer's
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Sec. 73.03. LICENSE REQUIRED. A per
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Sec. 74.06. QUALITY STANDARDS. Manu
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(b-1) If an individual other than a
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SUBCHAPTER B. OFFENSES RELATING TO
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(1) any compound made from syntheti
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applicant's record. After entry of
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Sec. 102.05. HOTEL: MULTIPLE INTERE
Page 135 and 136: (2) the name, emblem, logo, or bran
Page 137 and 138: (1) a holder of a manufacturer's or
Page 139 and 140: of any general, local, or branch di
Page 141 and 142: SUBCHAPTER D. BEER INDUSTRY FAIR DE
Page 143 and 144: e named in writing by each party an
Page 145 and 146: less any state taxes which have bee
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Page 149 and 150: or more of the gross receipts of th
Page 151 and 152: (b) In a standard hours area, a per
Page 153 and 154: (f) A minor who commits an offense
Page 155 and 156: Sec. 106.10. PLEA OF GUILTY BY MINO
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Page 161 and 162: officer, director, or firm member,
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Page 165 and 166: member of the manufacturing or dist
Page 167 and 168: qualified licensee or permittee, he
Page 169 and 170: (c) In exercising the authority gra
Page 171 and 172: (b) If a municipality submits a pet
Page 173 and 174: (b) The commission may deny a licen
Page 175 and 176: separately and individually for eac
Page 177 and 178: Sec. 110.053. SALE AND SHIPMENT OF
Page 179 and 180: Sec. 201.13. SALE OF UNTAXED LIQUOR
Page 181 and 182: Sec. 201.73. DESIGN. The commission
Page 183 and 184: Sec. 203.11. EVIDENCE IN SUIT. In a
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Page 189 and 190: TITLE 6. LOCAL OPTION ELECTIONS CHA
Page 191 and 192: Sec. 251.79. AREAS IN WHICH CERTAIN
Page 193 and 194: Grounds of cancellation or suspensi
Page 195 and 196: Inside displays. 108.51, 108.52 Man
Page 197 and 198: Appeals. (See same in this index.)
Page 199 and 200: Premises (See same in this index) P
Page 201 and 202: Bond for taxes; excise tax. 204.03(
Page 203 and 204: Subterfuge. 11.05; 109.53 Summary s
Page 205 and 206: Violation of Alcoholic Beverage Cod
Page 207 and 208: Required for permit (US Citizenship
Page 209 and 210: Unlawful. 22.10; 22.11; 24.09; 24.1
Page 211 and 212: Certification to TABC. Conviction.
Page 213 and 214: All violations. 11.64 Minor cases.
Page 215 and 216: Actions of Employee: Relax sanction
Page 217 and 218: FESTIVALS AND CIVIC CELEBRATIONS. 1
Page 219 and 220: HUMAN RESOURCE DIVISION. 5.101 Recr
Page 221 and 222: Refusal, vehicle. 101.71 INSPECTORS
Page 223 and 224: Intoxicated Persons. Sale or delive
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Page 229 and 230: If supervised by commissioned peace
Page 231 and 232: PACKAGE STORE PERMIT. 22.01, et. se
Page 233 and 234: PHARMACEUTICAL ALCOHOL. 38.01, et.
Page 235 and 236: Wholesaling. 101.10(b) PRIVATE CARR
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Misrepresentation of beer, cancel.
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REPORT OF TABC TO GOVERNOR. 5.09 RE
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Open container at package store or
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Retailer may not transfer. 69.09; 6
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Unsalable beer. 203.04 Reports to T
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Restraining order §101.01 TEMPORAR
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Importation of liquor. 107.05 Impor
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Cancellation. 25.04 County judge to
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APPENDIX A AGRICULTURE CODE Sec. 12
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APPENDIX B EDUCATION CODE §38.007.
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(3) to the county clerk or registra
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(e) The signature is the only entry
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Sec. 501.036. ISSUE ON MIXED BEVERA
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(b) In a prohibitory election, if a
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sister of the individual, or niece
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APPENDIX F HUMAN RESOURCE CODE § 4
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APPENDIX G PENAL CODE § 46.035. UN
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Sec. 49.065. ASSEMBLING OR OPERATIN
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(e) Repealed by Acts 2005, 79th Leg
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APPENDIX I VERNON’S CIVIL STATUTE
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TABC Code - Texas Alcoholic Beverage Commission

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