Texas 2023 - 88th Regular

Texas House Bill HB2885

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the transfer of certain malt beverages between two or more licensed premises operating under the same general ownership or management.

Impact

The passage of HB2885 is expected to streamline operations for breweries in Texas, fostering an environment that supports small businesses and local breweries. By clarifying the rules surrounding the transfer of malt beverages, the bill seeks to decrease bureaucratic hindrances for brewery operators, which can help boosting local economies through the promotion of craft brewing. This legislative change not only enhances the operational flexibility for brewpubs but also aligns Texas's regulations more closely with those in other states, potentially enhancing business opportunities within the industry.

Summary

House Bill 2885 aims to regulate the transfer of malt beverages between licensed premises that are under the same ownership or management. The bill modifies provisions in the Alcoholic Beverage Code, enabling holders of a brewer's license to move their products more freely between their own licensed brewery facilities. This is particularly beneficial for those operating multiple brewpubs as it allows them to distribute their own product without the previous restrictions tied to ownership status, while adhering to state guidelines regarding transportation safety and vehicle identification.

Sentiment

The sentiment surrounding HB2885 has been generally positive among stakeholders in the brewing industry. Brewery owners and industry supporters view the bill as a necessary update that will help alleviate the regulatory burden they face. However, discussions have also raised awareness of potential risks associated with increasing access and distribution of alcoholic beverages, particularly concerning responsible consumption and local regulatory enforcement. Nonetheless, the overall reception appears favorable, driven by the anticipation of economic growth from more accessible malt beverage distribution.

Contention

A point of contention expressed during discussions is the balance between facilitating easier access to alcohol and ensuring proper regulation to prevent misuse. While the bill's proponents advocate for the economic benefits and operational flexibility it provides to breweries, some lawmakers and community advocates worry that relaxed rules may contribute to irresponsible alcohol distribution practices. Therefore, the implementation of the bill carries an emphasis on strict compliance with safety regulations and guidelines to stabilize community standards while promoting industry growth.

Texas Constitutional Statutes Affected

Alcoholic Beverage Code

  • Chapter 62. Brewer's License
    • Section: New Section
  • Chapter 69. Retail Dealer's On-premise License
    • Section: 11
  • Chapter 74. Brewpub License
    • Section: New Section

Companion Bills

TX SB2285

Identical Relating to the transfer of certain malt beverages between two or more licensed premises operating under the same general ownership or management.

Previously Filed As

TX SB2285

Relating to the transfer of certain malt beverages between two or more licensed premises operating under the same general ownership or management.

TX SB1240

Relating to the transfer of certain malt beverages between two or more licensed premises operating under the same general ownership or management.

TX HB4773

Relating to the transfer of certain malt beverages between two or more licensed premises operating under the same general ownership or management and the sale of those malt beverages.

TX HB1545

Relating to the continuation and functions of the Texas Alcoholic Beverage Commission, including the consolidation, repeal, and creation of certain licenses and permits; changing fees.

TX HB2441

Relating to the delivery and direct shipment of malt beverages to ultimate consumers; creating a criminal offense.

TX SB332

Creating the Division of Alcohol Beverages attached to the Department of Revenue; the regulation of alcohol beverages and enforcement of alcohol beverage laws; interest restrictions relating to, and authorized activities of, brewers, brewpubs, wineries, manufacturers, rectifiers, wholesalers, and retailers; shipping alcohol beverages by means of fulfillment houses and common carriers; the consumption of alcohol beverages in a public place; creating a no-sale event venue permit; creating an operator's permit; liquor licenses transferred from one municipality to another; retailers' authorized activities; liquor license quotas; the safe ride program; the presence of underage persons and conduct of other business on licensed premises; the occupational tax on alcohol beverages; repealing a rule promulgated by the Department of Revenue; granting rule-making authority; and providing a penalty. (FE)

TX AB304

Creating the Division of Alcohol Beverages attached to the Department of Revenue; the regulation of alcohol beverages and enforcement of alcohol beverage laws; interest restrictions relating to, and authorized activities of, brewers, brewpubs, wineries, manufacturers, rectifiers, wholesalers, and retailers; shipping alcohol beverages by means of fulfillment houses and common carriers; the consumption of alcohol beverages in a public place; creating a no-sale event venue permit; creating an operator's permit; liquor licenses transferred from one municipality to another; retailers' authorized activities; liquor license quotas; the safe ride program; the presence of underage persons and conduct of other business on licensed premises; the occupational tax on alcohol beverages; repealing a rule promulgated by the Department of Revenue; granting rule-making authority; and providing a penalty. (FE)

TX SB246

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX HB2003

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX SB752

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

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