Bill Text: TX HB1764 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the distribution of ale by certain brewers.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-19 - Left pending in committee [HB1764 Detail]
Download: Texas-2013-HB1764-Introduced.html
83R7351 MCK-F | ||
By: Smith | H.B. No. 1764 |
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relating to the distribution of ale by certain brewers. | ||
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 ale | ||
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 sales 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. Section 12.05, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 12.05. SALES BY CERTAIN BREWERS. (a) The holder of a | ||
brewer's permit whose annual production of ale [ |
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holder of a manufacturer's license [ |
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125,000[ |
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the permit to those persons to whom the holder of a general class B | ||
wholesaler's permit may sell malt liquor under Section 20.01(3) [ |
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(b) The total combined sales of ale under this section, | ||
together with the sales of beer by the holder of a manufacturer's | ||
license under Section 62.12 at the same premises, may not exceed | ||
40,000 barrels annually. | ||
(c) With regard to [ |
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brewer has the same authority and is subject to the same | ||
requirements that apply to a sale made by the holder of a general | ||
class B wholesaler's permit. | ||
SECTION 3. Chapter 12, Alcoholic Beverage Code, is amended | ||
by adding Section 12.051 to read as follows: | ||
Sec. 12.051. REPORT OF SALES TO RETAILER. (a) Not later | ||
than the 25th day of each month, the holder of a brewer's permit | ||
shall file a report with the commission that contains information | ||
relating to the sales made by the brewer 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 4. This Act takes effect September 1, 2013, but only | ||
if the 83rd Legislature, Regular Session, 2013, enacts legislation | ||
that becomes law and that amends the Alcoholic Beverage Code to | ||
allow small brewers to sell beer to retailers. If the 83rd | ||
Legislature, Regular Session, 2013, does not enact such legislation | ||
that becomes law, this Act has no effect. |