CHAPTER 47. LOCAL INDUSTRIAL ALCOHOL MANUFACTURER'S PERMIT - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 47. LOCAL INDUSTRIAL ALCOHOL MANUFACTURER'S PERMIT

Sec. 47.01. AUTHORIZED ACTIVITIES. The holder of a local

industrial alcohol manufacturer's permit may:

(1) manufacture, rectify, and refine industrial alcohol, which

term as used in this chapter means an alcohol which is produced

for industrial purposes only and is not fit for human

consumption;

(2) denature alcohol produced under the permit;

(3) sell denatured or industrial alcohol produced under the

permit to holders of local industrial alcohol manufacturer's

permits or industrial permits and to qualified persons outside

the state; and

(4) blend industrial alcohol produced under the permit with

petroleum distillates and sell or use the resulting product as a

motor fuel.

Added by Acts 1979, 66th Leg., p. 1074, ch. 504, Sec. 1, eff.

June 7, 1979.

Sec. 47.02. FEE. The annual state fee for a local industrial

alcohol manufacturer's permit is $100.

Added by Acts 1979, 66th Leg., p. 1074, ch. 504, Sec. 1, eff.

June 7, 1979.

Sec. 47.03. TRANSPORTATION. (a) A local industrial alcohol

manufacturer's permittee may transport the alcohol produced under

the local industrial alcohol manufacturer's permit by railway

tank car, barge, or motor truck if the tank car, barge, or motor

truck is owned by him or leased in good faith.

(b) The permittee must comply with all applicable state and

federal laws regulating transportation.

(c) The permittee may not transport alcohol under the authority

of this section unless, at the time the transportation occurs,

the tank car, barge, or motor truck is fully described in a sworn

statement on file with the commission.

(d) The permittee may transport the alcohol to a wet area by

crossing a dry area if that route is necessary or convenient.

Added by Acts 1979, 66th Leg., p. 1074, ch. 504, Sec. 1, eff.

June 7, 1979.

Sec. 47.04. STORAGE FACILITY. (a) A local industrial alcohol

manufacturer's permit applicant or permittee may request in the

permit application or in writing after the permit is issued that

the commission or administrator authorize the permittee to store

alcohol at a storage facility under the permittee's control that

is located off the licensed premises. The permittee shall supply

any information regarding the storage that the commission or

administrator requires.

(b) A request under this section may include a request that the

permittee be permitted to transport the alcohol to the storage

facility by pipeline or other means.

(c) If the request is granted, the commission or administrator

may attach any conditions regarding the use of the facility or

transportation of alcohol to the facility that the commission or

administrator considers proper.

(d) A storage facility authorized under this section is treated

as a part of the licensed premises for the purpose of the

permittee's consent to inspection under Section 101.04 of this

code.

Added by Acts 1979, 66th Leg., p. 1074, ch. 504, Sec. 1, eff.

June 7, 1979.

Sec. 47.05. PLANT PLAN REQUIREMENTS. If the plant plans

submitted by the applicant establish to the satisfaction of the

commission that the plant is not capable of producing alcohol for

beverage purposes and if no change in the plant is made without

commission approval, the permit for which application is made

shall be considered to be an industrial permit as that term is

used in Section 109.53 of this code.

Added by Acts 1979, 66th Leg., p. 1074, ch. 504, Sec. 1, eff.

June 7, 1979.

Sec. 47.06. EXEMPTION FOR STATE INSTITUTIONS. A state

institution is exempt from these provisions of the code when

manufacturing industrial alcohol for scientific or laboratory

use.

Added by Acts 1979, 66th Leg., p. 1074, ch. 504, Sec. 1, eff.

June 7, 1979.

Sec. 47.07. LOCAL OPTION STATUS OF AREA. Whether an area is wet

or dry under the local option laws does not affect the

eligibility of an applicant to hold a permit under this chapter.

Added by Acts 1979, 66th Leg., p. 1074, ch. 504, Sec. 1, eff.

June 7, 1979.