83R7351 MCK-F
By: Smith H.B. No. 1764
A BILL TO BE ENTITLED
AN ACT
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 [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 does not exceed
125,000[, 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].
(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 [such] a sale under this section, 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.
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.