Bill Text: TX HB3976 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authorized activities of a manufacturer's agent's warehousing permit holder.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-13 - Referred to Business & Commerce [HB3976 Detail]
Download: Texas-2021-HB3976-Introduced.html
Bill Title: Relating to the authorized activities of a manufacturer's agent's warehousing permit holder.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-13 - Referred to Business & Commerce [HB3976 Detail]
Download: Texas-2021-HB3976-Introduced.html
87R10539 MCF-F | ||
By: Collier | H.B. No. 3976 |
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relating to the authorized activities of a manufacturer's agent's | ||
warehousing permit holder. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 55.01(a), (b), and (c), Alcoholic | ||
Beverage Code, as effective September 1, 2021, are amended to read | ||
as follows: | ||
(a) The holder of a manufacturer's agent's warehousing | ||
permit may: | ||
(1) receive alcoholic [ |
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license or permit holder that is authorized to sell the alcoholic | ||
beverages to licensed or permitted wholesalers or distributors in | ||
this state [ |
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the alcoholic beverages on the permitted premises; | ||
(2) ship, cause to be shipped, sell, and otherwise | ||
transfer the alcoholic [ |
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wholesalers or distributors in this state who are authorized to | ||
receive the alcoholic beverages and to persons outside this state | ||
who are qualified to receive the alcoholic [ |
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the regulatory laws of the state or other jurisdiction in which the | ||
alcoholic [ |
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(3) return alcoholic [ |
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or permit holder [ |
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and | ||
(4) unpack, repack, or co-pack the alcoholic beverages | ||
in any combination or configuration. | ||
(b) The holder of a manufacturer's agent's warehousing | ||
permit may ship malt beverages only to distributors in this state | ||
who have been issued a territorial designation by the [ |
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brewer or the primary source of American supply of the brand or | ||
brands to be shipped. This territorial designation for the sale of | ||
malt beverages must be under and a part of the agreement entered | ||
into between the [ |
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supply of the brand and the distributor under Subchapters C and D, | ||
Chapter 102. This chapter does not affect the requirement that the | ||
[ |
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agreement between the [ |
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American supply and the distributor, comply with Subchapters C and | ||
D, Chapter 102. | ||
(c) Alcoholic [ |
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permitted under this chapter that are not labeled and approved for | ||
sale in this state may be held and stored at the premises and may be | ||
shipped from the premises if the alcoholic [ |
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consigned and transported to qualified persons in other states or | ||
jurisdictions where their sale is legal. | ||
SECTION 2. Section 55.03, Alcoholic Beverage Code, as | ||
effective September 1, 2021, is amended to read as follows: | ||
Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's | ||
agent's warehousing permit may be issued to an entity: | ||
(1) that receives alcoholic [ |
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another entity, or that other entity's immediate successor in | ||
interest, that: | ||
(A) is located and chartered in the United | ||
Mexican States; | ||
(B) has held, for the two years preceding the | ||
date of the application: | ||
(i) a nonresident manufacturer's license, | ||
nonresident brewer's permit, and a nonresident seller's permit; | ||
(ii) a nonresident brewer's license and a | ||
nonresident seller's permit; or | ||
(iii) a combination of Subparagraph (i) and | ||
Subparagraph (ii); and | ||
(C) during each of those two years has shipped or | ||
caused to be shipped into this state for ultimate sale to qualified | ||
distributors and wholesalers in this state at least one-half | ||
million barrels of malt beverages of the various brands | ||
manufactured or brewed by the entity; and | ||
(2) whose employees, located in this state or | ||
elsewhere, perform the activities authorized under Chapters 36 and | ||
73 on behalf of the entity. | ||
SECTION 3. Section 55.05, Alcoholic Beverage Code, as | ||
effective September 1, 2021, is amended to read as follows: | ||
Sec. 55.05. REPORTING REQUIREMENTS. The commission shall | ||
require monthly reports from a permit holder under this chapter | ||
showing the brands, types, sizes of containers, and quantities of | ||
alcoholic [ |
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premises to persons authorized to receive them. The reports must | ||
conform in all respects to the requirements and forms prescribed by | ||
the commission and contain any other information required by the | ||
commission. | ||
SECTION 4. This Act takes effect September 1, 2021. |