Bill Text: TX HB672 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the sale of ale and beer by certain brewers and manufacturers to ultimate consumers for consumption off the brewers' or manufacturers' premises.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-02-21 - Referred to Licensing & Administrative Procedures [HB672 Detail]

Download: Texas-2019-HB672-Introduced.html
  86R4379 BEE-F
 
  By: Rodriguez of Travis H.B. No. 672
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of ale and beer by certain brewers and
  manufacturers to ultimate consumers for consumption off the
  brewers' or manufacturers' premises.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 12.052(a), (c), and (e), Alcoholic
  Beverage Code, are amended to read as follows:
         (a)  In addition to the activities authorized by Section
  12.01, the holder of a brewer's permit whose annual production of
  ale, together with the annual production of beer by the holder of a
  manufacturer's license at all premises wholly or partly owned,
  directly or indirectly, by the permit holder or an affiliate or
  subsidiary of the permit holder, does not exceed a total of 225,000
  barrels may sell ale produced on the brewer's premises under the
  permit to ultimate consumers on the brewer's premises for
  responsible consumption on the brewer's premises or for
  off-premises consumption.
         (c)  Subject to Subsections (b), (d), and (e), the holder of
  a brewer's permit may sell ale produced on the brewer's premises
  under the permit to ultimate consumers on the brewer's premises for
  responsible consumption on the brewer's premises or for
  off-premises consumption even if the annual production limit
  prescribed by Subsection (a) is exceeded if:
               (1)  the permit holder:
                     (A)  was legally operating a manufacturing
  facility with on-premise sales under Subsection (a) on February 1,
  2017; or
                     (B)  purchased an ownership interest in, or was
  purchased by the holder of, a permit or license issued under Chapter
  12, 13, 62, or 63; and
               (2)  the permit holder has annual production that does
  not exceed 175,000 barrels at the brewer's premises.
         (e)  A holder of a brewer's permit who under Subsection (c)
  sells ale produced on the brewer's premises under the permit to
  ultimate consumers on the brewer's premises for responsible
  consumption on the brewer's premises or for off-premises
  consumption:
               (1)  shall file a territorial agreement with the
  commission under Subchapters C and D, Chapter 102;
               (2)  must purchase any ale the permit holder sells on
  the brewer's premises from the holder of a permit issued under
  Chapter 19, 20, or 21; and
               (3)  with respect to those purchases, must comply with
  the requirements of this code governing dealings between a
  distributor or wholesaler and a member of the retail tier,
  including Section 102.31.
         SECTION 2.  Sections 62.122(a), (c), and (e), Alcoholic
  Beverage Code, are amended to read as follows:
         (a)  A manufacturer's licensee whose annual production of
  beer, together with the annual production of ale by the holder of a
  brewer's permit at all premises wholly or partly owned, directly or
  indirectly, by the license holder or an affiliate or subsidiary of
  the license holder, does not exceed 225,000 barrels may sell beer
  produced on the manufacturer's premises under the license to
  ultimate consumers on the manufacturer's premises for responsible
  consumption on the manufacturer's premises or for off-premises
  consumption.
         (c)  Subject to Subsections (b), (d), and (e), the holder of
  a manufacturer's license may sell beer produced on the
  manufacturer's premises under the license to ultimate consumers on
  the manufacturer's premises for responsible consumption on the
  manufacturer's premises or for off-premises consumption even if the
  annual production limit prescribed by Subsection (a) is exceeded
  if:
               (1)  the license holder:
                     (A)  was legally operating a manufacturing
  facility with on-premise sales under Subsection (a) on February 1,
  2017; or
                     (B)  purchased an ownership interest in, or was
  purchased by the holder of, a permit or license issued under Chapter
  12, 13, 62, or 63; and
               (2)  the license holder has annual production that does
  not exceed 175,000 barrels at the manufacturer's premises.
         (e)  A holder of a manufacturer's license who under
  Subsection (c) sells beer produced on the manufacturer's premises
  under the license to ultimate consumers on the manufacturer's
  premises for responsible consumption on the manufacturer's
  premises or for off-premises consumption:
               (1)  shall file a territorial agreement with the
  commission under Subchapters C and D, Chapter 102;
               (2)  must purchase any beer the license holder sells on
  the manufacturer's premises from the holder of a license issued
  under Chapter 64, 65, or 66; and
               (3)  with respect to those purchases, must comply with
  the requirements of this code governing dealings between a
  distributor or wholesaler and a member of the retail tier,
  including Sections 61.73 and 102.31.
         SECTION 3.  This Act takes effect September 1, 2019.
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