ALCOHOLIC BEVERAGE CODE
CHAPTER 38. INDUSTRIAL PERMIT
§ 38.01. AUTHORIZED ACTIVITIES. The holder of an
industrial permit may import, transport, and use alcohol or
denatured alcohol for the manufacture and sale of any of the
following products:
(1) denatured alcohol;
(2) patent, proprietary, medicinal, pharmaceutical,
antiseptic, and toilet preparations;
(3) flavoring extracts, syrups, condiments, and food
products; and
(4) scientific, chemical, mechanical, and industrial
products, or products used for scientific, chemical, mechanical,
industrial, or medicinal purposes.
Acts 1977, 65th Leg., p. 449, ch. 194, § 1, eff. Sept. 1, 1977.
§ 38.02. EXEMPTIONS. The following persons or entities
are exempt from the requirement of obtaining an industrial permit:
(1) a pharmacist for the filling of prescriptions
issued by a physician in the legitimate practice of medicine;
(2) a state institution;
(3) a bona fide or chartered school, college, or
university when using alcohol for a scientific or laboratory use;
and
(4) a hospital, sanatorium, or other bona fide
institution for the treatment of the sick.
Acts 1977, 65th Leg., p. 449, ch. 194, § 1, eff. Sept. 1, 1977.
§ 38.03. PROHIBITED ACTS. (a) No person may purchase,
transport, or use alcohol for any purpose enumerated in this
chapter without an industrial permit, unless the person is exempt
under Section 38.02 of this code from the requirement of obtaining a
permit.
(b) No person may sell, possess, or divert any of the
products enumerated in Subdivisions (1) through (4) of Section
38.01 of this code for beverage purposes or under circumstances
from which he might reasonably deduce that the intention of the
purchaser is to use those products for beverage purposes.
Acts 1977, 65th Leg., p. 449, ch. 194, § 1, eff. Sept. 1, 1977.
§ 38.04 FEE. The annual state fee for an industrial
permit is $60.
Acts 1977, 65th Leg., p. 449, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1348, ch. 278, § 29, eff.
Sept. 1, 1983.
§ 38.05. OTHER CODE PROVISIONS INAPPLICABLE. No
provisions of this code other than this chapter apply to alcohol
intended for industrial, medicinal, mechanical, or scientific
purposes.
Acts 1977, 65th Leg., p. 449, ch. 194, § 1, eff. Sept. 1, 1977.
§ 38.06. ACTIVITIES TAX FREE. The taxes imposed by this
code do not apply to activities authorized in Section 38.01 of this
code.
Acts 1977, 65th Leg., p. 449, ch. 194, § 1, eff. Sept. 1, 1977.