Bill Text: TX HB1734 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the sale of malt beverages by certain brewers to ultimate consumers for on- and off-premises consumption; providing administrative penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred directly to subcommittee by chair [HB1734 Detail]
Download: Texas-2021-HB1734-Introduced.html
87R97 MCK-D | ||
By: Leman | H.B. No. 1734 |
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relating to the sale of malt beverages by certain brewers to | ||
ultimate consumers for on- and off-premises consumption; providing | ||
administrative penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 62, Alcoholic Beverage Code, as | ||
effective September 1, 2021, is amended by adding Section 62.123 to | ||
read as follows: | ||
Sec. 62.123. SALES BY CERTAIN HISTORIC BREWERS TO | ||
CONSUMERS. (a) This section applies only to the holder of a | ||
brewer's license: | ||
(1) who has continuously operated a brewery producing | ||
malt beverages since 1934 at a location included in a licensed | ||
premises of the brewer: | ||
(A) located in: | ||
(i) a county with a population of not more | ||
than 20,000; and | ||
(ii) a municipality with a population of | ||
not more than 2,500; and | ||
(B) all or part of which is designated as a | ||
landmark of historical significance by the Texas State Historical | ||
Survey Committee or the Texas Historical Commission; and | ||
(2) who brews, bottles, packages, and labels malt | ||
beverages on those licensed premises. | ||
(b) The holder of a brewer's license described by Subsection | ||
(a) may sell malt beverages brewed, bottled, packaged, and labeled | ||
on the premises described by Subsection (a) to ultimate consumers | ||
on those premises: | ||
(1) for responsible consumption on those premises; or | ||
(2) subject to Subsection (c), for off-premises | ||
consumption. | ||
(c) Sales to a consumer under this section for off-premises | ||
consumption are limited to 144 fluid ounces of malt beverages per | ||
calendar day. | ||
(d) The total sales of malt beverages to ultimate consumers | ||
under this section at the same premises may not exceed 3,000 barrels | ||
annually. | ||
(e) A holder of a brewer's license who sells malt beverages | ||
to ultimate consumers under this section: | ||
(1) shall file a territorial agreement with the | ||
commission under Subchapters C and D, Chapter 102; | ||
(2) must purchase any malt beverages the license | ||
holder sells on the brewer's premises from the holder of a license | ||
issued under Chapter 64 or 66; and | ||
(3) with respect to those purchases, must comply with | ||
the requirements of this code governing dealings between a | ||
distributor and a member of the retail tier, including Sections | ||
61.73 and 102.31. | ||
(f) The commission: | ||
(1) may require the holder of a brewer's license who | ||
sells malt beverages to ultimate consumers under this section to | ||
report to the commission each month, in the manner prescribed by the | ||
commission, the total amounts of malt beverages sold by the license | ||
holder under this section during the preceding month for: | ||
(A) responsible consumption on the brewer's | ||
premises; and | ||
(B) off-premises consumption, as authorized by | ||
Subsection (b); | ||
(2) by rule shall adopt a simple form for a report | ||
required under Subdivision (1); and | ||
(3) shall maintain reports received under this | ||
subsection for public review. | ||
(g) The commission may impose an administrative penalty | ||
against a license holder who violates Subsection (c) or fails to | ||
comply with a requirement established by the commission under | ||
Subsection (f). The commission shall adopt rules establishing: | ||
(1) the amount of an administrative penalty under this | ||
subsection; and | ||
(2) the procedures for imposing an administrative | ||
penalty under this subsection. | ||
SECTION 2. This Act takes effect September 1, 2021. |