81R9870 MCK-F
By: Farrar H.B. No. 2094
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain brewers and manufacturers to sell
beer and ale to ultimate consumers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 in this state does
not exceed, together with the annual production of beer by the
holder of a manufacturer's license [acting] under [the authority
of] Section 62.12 [of this code] at the same premises, a total of
75,000 barrels, may sell ale produced under 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) [of this code]. With
regard to such a sale, the 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.
(b) The holder of a brewer's permit whose annual production
of ale in this state does not exceed, together with the annual
production of beer by the holder of a manufacturer's license under
Section 62.12 at the same premises, a total of 250,000 barrels may
sell ale to ultimate consumers for consumption on the brewer's
premises or in unbroken packages for off-premises consumption. The
total combined sales of ale to ultimate consumers under this
section, together with the sales of beer to ultimate consumers by
the holder of a manufacturer's license under Section 62.12 at the
same premises, may not exceed 5,000 barrels annually.
SECTION 2. Section 62.12, Alcoholic Beverage Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The holder of a manufacturer's license whose annual
production of beer in this state does not exceed, together with the
annual production of ale by the holder of a brewer's permit under
Section 12.05 at the same premises, a total of 250,000 barrels may
sell beer to ultimate consumers for consumption on the
manufacturer's premises or in unbroken packages for off-premises
consumption. The total combined sales of beer to ultimate consumers
under this section, together with the sales of ale to ultimate
consumers by the holder of a brewer's permit under Section 12.05 at
the same premises, may not exceed 5,000 barrels annually.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.