Bill Text: TX SB517 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: Relating to the distribution of beer by certain manufacturers.

Status: (Passed) 2013-06-14 - Effective immediately [SB517 Detail]

Download: Texas-2013-SB517-Enrolled.html
 
 
  S.B. No. 517
 
 
 
 
AN ACT
  relating to the distribution of beer by certain manufacturers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that:
               (1)  the state is authorized under the Twenty-first
  Amendment of the United States Constitution to promote the public's
  interest in the fair, efficient, and competitive marketing of beer
  in this state;
               (2)  the United States Supreme Court in Granholm v.
  Heald, 544 U.S. 460 (2005), has recognized that the three-tier
  system of regulating the alcoholic beverage industry is
  unquestionably legitimate;
               (3)  in Granholm, the United States Supreme Court
  further recognized that while the states are entitled to regulate
  the production and sale of liquor within their borders, the right is
  nonetheless subject to the provisions of the Constitution of the
  United States, including the Interstate Commerce Clause, and laws
  regulating the alcoholic beverage industry may not discriminate
  against out-of-state participants or give undue deference to local
  participants and may not ignore other provisions of the
  constitution, including the Supremacy Clause, Commerce Clause, and
  the Privileges and Immunities Clause with its nondiscriminatory
  principles;
               (4)  the state is authorized to promote, market, and
  educate consumers about the emerging small brewing industry;
               (5)  it is in the state's interest to encourage
  entrepreneurial and small business development opportunities in
  the state that will lead to new capital investment in the state,
  create new jobs in the state, and expand the state and local tax
  base; and
               (6)  it is the public policy of the state to exercise
  the police power of the state to protect the welfare, health, peace,
  temperance, and safety of the people of Texas.
         SECTION 2.  Subtitle B, Title 3, Alcoholic Beverage Code, is
  amended by adding Chapter 62A to read as follows:
  CHAPTER 62A.  MANUFACTURER'S SELF-DISTRIBUTION LICENSE
         Sec. 62A.01.  ELIGIBILITY FOR LICENSE. A manufacturer's
  self-distribution license may be issued only to the holder of a
  manufacturer's license under Chapter 62 or the holder of a
  nonresident manufacturer's license under Chapter 63.
         Sec. 62A.02.  AUTHORIZED ACTIVITIES. (a)  A holder of a
  manufacturer's self-distribution license whose annual production
  of beer under the manufacturer's or nonresident manufacturer's
  license, together with the annual production of ale by the holder of
  a brewer's or nonresident brewer's permit at the same premises, does
  not exceed 125,000 barrels may sell beer produced under the
  manufacturer's or nonresident manufacturer's license to those
  persons to whom the holder of a general distributor's license may
  sell beer under Section 64.01(a)(2).
         (b)  The total combined sales of beer under this section,
  together with the sales of ale by the holder of a brewer's
  self-distribution permit under Section 12A.02 at the same premises,
  may not exceed 40,000 barrels annually.
         (c)  With regard to a sale under this section, the holder of a
  manufacturer's self-distribution license has the same authority
  and is subject to the same requirements that apply to a sale made by
  the holder of a general distributor's license.
         (d)  Beer sold under this section may be shipped only from a
  manufacturing facility in this state.
         Sec. 62A.03.  FEE. The annual state fee for a manufacturer's
  self-distribution license is $250.
         Sec. 62A.04.  REPORT OF SALES TO RETAILERS. (a)  Not later
  than the 15th day of each month, the holder of a manufacturer's
  self-distribution license shall file a report with the commission
  that contains information relating to the sales made by the license
  holder to a retailer during the preceding calendar month.
         (b)  The commission shall by rule determine the information
  that is required to be reported under this section and the manner in
  which the report must be submitted to the commission.  The
  commission may require the report to contain the same information
  reported to the comptroller under Section 151.462, Tax Code.
         SECTION 3.  Section 151.466, Tax Code, is amended to read as
  follows:
         Sec. 151.466.  APPLICABILITY TO CERTAIN MANUFACTURERS. This
  subchapter applies only to a manufacturer licensed under Chapter
  62A, Alcoholic Beverage Code [whose annual production of beer in
  this state does not exceed 75,000 barrels].
         SECTION 4.  Section 62.12, Alcoholic Beverage Code, is
  repealed.
         SECTION 5.  (a)  Subject to Subsection (b) of this section,
  this Act takes effect immediately if it receives a vote of
  two-thirds of all the members elected to each house, as provided by
  Section 39, Article III, Texas Constitution.  If this Act does not
  receive the vote necessary for immediate effect, this Act takes
  effect September 1, 2013.
         (b)  The changes in law made by this Act take effect only if
  each of the following bills is enacted and becomes law:
               (1)  Senate Bill No. 515, House Bill No. 1763, or
  another similar bill of the 83rd Legislature, Regular Session,
  2013, that allows holders of brewpub licenses to self-distribute
  beer, malt liquor, or ale produced under the license to retailers;
               (2)  Senate Bill No. 516, House Bill No. 1764, or
  another similar bill of the 83rd Legislature, Regular Session,
  2013, that allows small brewers to sell ale to retailers;
               (3)  Senate Bill No. 518, House Bill No. 1766, or
  another similar bill of the 83rd Legislature, Regular Session,
  2013, that allows small brewers and beer manufacturers to sell beer
  and ale to ultimate consumers; and
               (4)  Senate Bill No. 639, House Bill No. 1538, or
  another similar bill of the 83rd Legislature, Regular Session,
  2013, relating to sales of beer by a manufacturer to a distributor
  and certain agreements between a manufacturer and distributor.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 517 passed the Senate on
  March 27, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 517 passed the House on
  May 20, 2013, by the following vote:  Yeas 145, Nays 3, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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