2005 Texas Alcoholic Beverage Code CHAPTER 47. LOCAL INDUSTRIAL ALCOHOL MANUFACTURER\'S PERMIT

ALCOHOLIC BEVERAGE CODE

CHAPTER 47. LOCAL INDUSTRIAL ALCOHOL MANUFACTURER'S PERMIT


	§ 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, § 1, eff. June 7, 
1979. 


	§ 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, § 1, eff. June 7, 
1979. 


	§ 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, § 1, eff. June 7, 
1979. 


	§ 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, § 1, eff. June 7, 
1979. 


	§ 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, § 1, eff. June 7, 
1979. 


	§ 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, § 1, eff. June 7, 
1979. 


	§ 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, § 1, eff. June 7, 
1979.