CHAPTER 47. LOCAL INDUSTRIAL ALCOHOL MANUFACTURER'S PERMIT
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.