S.B. No. 926         AN ACT   relating to certain temporary sales by a mixed beverage permit   holder.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.16(b), Alcoholic Beverage Code, is   amended to read as follows:          (b)  The holder of a wine and malt beverage retailer's permit   may temporarily sell wine and malt beverages for not more than four   consecutive days at the same location under Subsection (a) [and not   more than five consecutive days at an event under Subsection (d) or   six days if necessary to accommodate the postponement of scheduled   racing events due to an act of nature].          SECTION 2.  Sections 28.06(a) and (c), Alcoholic Beverage   Code, are amended to read as follows:          (a)  Except as provided by Sections 14.07, 28.20, and   37.01(d), no holder of a mixed beverage permit, nor any officer,   agent, or employee of a holder, may possess or permit to be   possessed on the premises for which the permit is issued any   alcoholic beverage which is not covered by an invoice from the   supplier from whom the alcoholic beverage was purchased.          (c)  Except as provided by Sections 14.07, 28.20, and   37.01(d), no holder of a mixed beverage permit, nor any officer,   agent, or employee of a holder, may knowingly possess or permit to   be possessed on the licensed premises any alcoholic beverage which   is not covered by an invoice from the supplier from whom the   alcoholic beverage was purchased.          SECTION 3.  Sections 28.10(a) and (b), Alcoholic Beverage   Code, are amended to read as follows:          (a)  Except as provided by this section or Sections 28.01(b),   [and] 28.1001, and 28.20, a mixed beverage permittee may not sell an   alcoholic beverage to another mixed beverage permittee or to any   other person except for consumption on the seller's licensed   premises.          (b)  A mixed beverage permittee may not permit any person to   take any alcoholic beverage purchased on the licensed premises from   the premises where sold, except that:                (1)  a person who orders wine with food may remove the   container of wine from the premises whether the container is opened   or unopened; [and]                (2)  a mixed beverage permittee who also holds a   brewpub license may sell or offer without charge on the premises of   the brewpub, to an ultimate consumer for consumption on or off the   premises, malt beverages produced by the permittee, in or from a   lawful container in an amount that does not exceed one-half barrel,   provided that the aggregate amount of malt beverages removed from   the premises under this subdivision does not exceed 1,000 barrels   annually; and                (3)  a person who purchases wine or malt beverages from   a holder of a mixed beverage permit selling the beverages under   Section 28.20 may remove the beverages from the premises.          SECTION 4.  Chapter 28, Alcoholic Beverage Code, is amended   by adding Section 28.20 to read as follows:          Sec. 28.20.  TEMPORARY SALES AT CERTAIN RACING FACILITIES.   (a)  The holder of a mixed beverage permit may temporarily sell wine   and malt beverages in an area of a facility with a seating capacity   of more than 40,000 that is open to the public and not otherwise   covered by a license or permit during a motor vehicle racing event   sponsored by a professional motor racing association.          (b)  The holder of a mixed beverage permit may, under this   section, sell wine and malt beverages containing alcohol in excess   of one-half of one percent by volume but not more than 17 percent by   volume for consumption on or off the premises where sold, but not   for resale.          (c)  The holder of a mixed beverage permit may temporarily   sell wine and malt beverages for not more than five consecutive days   at an event under this section or six days if necessary to   accommodate the postponement of scheduled racing events due to an   act of nature.          (d)  The holder of a mixed beverage permit who temporarily   sells wine and malt beverages under this section may not:                (1)  sell under this section at the facility more than   four times in a calendar year;                (2)  sell alcoholic beverages in factory-sealed   containers;                (3)  sell more than two drinks to a single consumer at   one time;                (4)  sell alcoholic beverages at more than 50 percent   of the food and beverage concession stands that are open for   business at any one time; or                (5)  sell alcoholic beverages after:                      (A)  75 percent of the feature race is complete on   the day that race is held; or                      (B)  one hour before the scheduled completion of   the last spectator event on a day other than the feature race day.          (e)  A holder of a mixed beverage permit who sells wine or   malt beverages under that permit in a county other than the county   in which the premises covered by the permit is located shall:                (1)  purchase the beverages from a distributor or   wholesaler authorized under this code to sell the beverages in the   county in which the permit holder sells the beverages under this   section; and                (2)  report to the commission, in the manner prescribed   by the commission by rule, the amount of beverages purchased and   sold under this section, by type.          (f)  The holder of a mixed beverage permit who temporarily   sells wine and malt beverages under this section, or any officer,   agent, or employee of the permit holder, may allow a person to:                (1)  possess and consume alcoholic beverages brought   onto the premises by the person; and                (2)  remove from the premises any alcoholic beverages   brought onto the premises by the person.          (g)  The commission shall adopt rules to implement this   section.          SECTION 5.  Sections 25.16(d) and (e), Alcoholic Beverage   Code, are repealed.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 926 passed the Senate on   April 18, 2023, by the following vote:  Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 926 passed the House on   April 28, 2023, by the following vote:  Yeas 134, Nays 14, one   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor