The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.001. AUTHORIZED ACTIVITIES. The holder of a temporary auction permit may auction alcoholic beverages for consumption off premises to raise money to support the stated purpose of the permit holder.
  2. Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.002. FEE. (a) The state fee for a temporary auction permit is $25.
  2. (b) A local fee may not be charged for the application for or issuance of a temporary auction permit.
  3. (c) The commission may not impose a surcharge for a temporary auction permit.
  4. Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.003. DURATION OF PERMIT. A temporary auction permit may be issued for a period of not more than five days.
  2. Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.004. PERMIT. The commission may issue a temporary auction permit only to:
    1. (1) an organization that is exempt from taxation under Section 501(a), Internal Revenue Code of 1986 (26 U.S.C. Section 501(a)) by being listed under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or
    2. (2) a person or group of persons who are subject to recordkeeping requirements under Chapter 254, Election Code.
    Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.005. AUCTION LOCATION. (a) The holder of a temporary auction permit may conduct an auction in any area where the sale of the type of alcoholic beverage to be auctioned is authorized by a local option election.
  2. (b) The holder of a temporary auction permit may conduct an auction at a premises of another permit or license holder if:
    1. (1) the alcoholic beverages to be auctioned are kept separate from the alcoholic beverages sold, stored, or served at the premises; and
    2. (2) the alcoholic beverages subject to the auction, whether sold or unsold, are removed from the premises immediately following the auction.
    Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.006. AUCTION NOTICE. Before an auction is held, the holder of a temporary auction permit shall provide to the branch office of the commission located closest to the auction site written notice of:
    1. (1) the date, time, and place of the auction; and
    2. (2) the inventory of the alcoholic beverages to be auctioned.
    Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.007. DISPOSITION OF PROCEEDS. The proceeds from an auction authorized by this chapter shall be deposited to the account of the holder of a temporary auction permit.
  2. Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.008. PROHIBITED ACTIVITIES. The holder of a temporary auction permit may not:
    1. (1) auction distilled spirits, wine, ale, or malt liquor that has not been donated to the organization;
    2. (2) auction alcoholic beverages if any taxes are owed on the beverages; and
    3. (3) pay a commission or promotional allowance to a person to:
      1. (A) arrange or conduct an auction under this chapter; or
      2. (B) arrange the donation of alcoholic beverages to be auctioned by the organization.
    Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

The following section was amended by the 86th Legislature. Pending publication of the current statutes, see H.B. 1545, 86th Legislature, Regular Session, for amendments affecting the following section.

  1. Sec. 53.009. RULES. (a) The commission shall adopt rules governing the issuance and use of a temporary auction permit.
  2. (b) The commission shall adopt rules establishing penalties for the violation of rules adopted under this chapter. A penalty established by the commission under this subsection may not exceed a penalty that the commission may impose on the holder of another temporary license or permit.
  3. Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997.
    Amended by:
    Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017.

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