By: Geren (Senate Sponsor - Watson) H.B. No. 3307
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Business
and Commerce; May 14, 2013, reported favorably by the following
vote: Yeas 9, Nays 0; May 14, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the manufacture of malt beverages, including under
alternating brewery proprietorship and contract brewing
arrangements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.04, Alcoholic Beverage Code, is
amended by adding Subdivisions (26) and (27) to read as follows:
(26) "Alternating brewery proprietorship" means an
arrangement in which two or more parties take turns using the
physical premises of a brewery as permitted under this code and
federal law.
(27) "Contract brewing arrangement" means an
arrangement in which two breweries, each of which has a separate
facility, contract for one brewery to manufacture malt beverages on
behalf of the other brewery due to the limited capacity or other
reasonable business necessity of one party to the arrangement.
SECTION 2. Section 12.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a brewer's permit may:
(1) manufacture, bottle, package, and label malt
liquor;
(2) import ale and malt liquor acquired from a holder
of a nonresident brewer's permit;
(3) sell the ale and malt liquor only to wholesale
permit holders in this state or to qualified persons outside the
state;
(4) dispense ale and malt liquor for consumption on
the premises; [and]
(5) conduct samplings of ale or malt liquor, including
tastings, at a retailer's premises; and
(6) enter into an alternating brewery proprietorship
or contract brewing arrangement as provided by Section 12.06.
SECTION 3. Section 12.06, Alcoholic Beverage Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (e) and (f) to read as follows:
(a) The holder of [An entity or successor to an entity that
on May 1, 2005, held] a brewer's or nonresident brewer's permit [or
whose brand was legally sold in this state] may contract with the
holder of a brewer's permit:
(1) to provide brewing services; or
(2) for the use of the permit holder's brewing
facilities under an alternating brewery proprietorship if each
party to the proprietorship:
(A) has filed the appropriate Brewer's Notice and
Brewer's Bond, as required by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury; and
(B) if applicable, has posted with the commission
a bond in an amount determined by the commission under Subsection
(e) or (f) [or to provide brewing services].
(b) An entity [or successor to an entity that on May 1, 2005,
held a brewer's or nonresident brewer's permit or whose brand was
legally sold in this state] is not required to own its brewing
facilities if the entity operates under an alternating brewery
proprietorship as provided by Subsection (a).
(c) Each entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must hold a permit
at the location where brewing services are conducted under the
arrangement [More than one brewer's permit may be issued for a
single premises if the permit holder for the premises has
contracted with an entity or successor to an entity that on May 1,
2005, held a brewer's or nonresident brewer's permit or whose brand
was legally sold in this state for the use of the permit holder's
brewing facilities or to provide brewing services].
(e) Subject to Subsection (f), the commission by rule may
require an entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement to post with the
commission a bond in an amount determined by the commission not to
exceed $200,000.
(f) An entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must post with the
commission a bond in an amount determined by the commission of not
less than $30,000 if the entity does not own a fee interest in a
brewing facility.
SECTION 4. Section 13.04, Alcoholic Beverage Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (e) and (f) to read as follows:
(a) The holder of [An entity or successor to an entity that
on May 1, 2005, held] a brewer's or nonresident brewer's permit [or
whose brand was legally sold in this state] may contract with the
holder of a nonresident brewer's permit:
(1) to provide brewing services; or
(2) for the use of the permit holder's brewing
facilities under an alternating brewery proprietorship if each
party to the proprietorship:
(A) has filed the appropriate Brewer's Notice and
Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury; and
(B) if applicable, has posted with the commission
a bond in an amount determined by the commission under Subsection
(e) or (f) [or to provide brewing services].
(b) An entity [or successor to an entity that on May 1, 2005,
held a brewer's or nonresident brewer's permit or whose brand was
legally sold in this state] is not required to own its brewing
facilities if the entity operates under an alternating brewery
proprietorship as provided by Subsection (a).
(c) Each entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must hold a permit
at the location where brewing services are conducted under the
arrangement [More than one nonresident brewer's permit may be
issued for a single premises if the permit holder for the premises
has contracted with an entity or successor to an entity that on May
1, 2005, held a brewer's or nonresident brewer's permit or whose
brand was legally sold in this state for the use of the permit
holder's brewing facilities or to provide brewing services].
(e) Subject to Subsection (f), the commission by rule may
require an entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement to post with the
commission a bond in an amount determined by the commission not to
exceed $200,000.
(f) An entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must post with the
commission a bond in an amount determined by the commission of not
less than $30,000 if the entity does not own a fee interest in a
brewing facility.
SECTION 5. Section 61.41(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) Notwithstanding Subsection (a) and Sections 11.49 and
109.53, more than one manufacturer's or nonresident
manufacturer's license may be issued for a single premises if the
license holder for the premises has contracted with an entity under
an alternating brewery proprietorship or contract brewing
arrangement [or successor to an entity that on May 1, 2005, held a
manufacturer's or nonresident manufacturer's license or whose brand
was legally sold in this state for the use of the license holder's
premises for manufacturing purposes or to provide manufacturing
services].
SECTION 6. Section 62.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a manufacturer's license may:
(1) manufacture or brew beer and distribute and sell
it in this state to the holders of general, local, and branch
distributor's licenses and to qualified persons outside the state;
(2) dispense beer for consumption on the premises;
(3) bottle and can beer and pack it into containers for
resale in this state, regardless of whether the beer is
manufactured or brewed in this state or in another state and
imported into Texas; [and]
(4) conduct samplings of beer, including tastings, at
a retailer's premises; and
(5) enter into an alternating brewery proprietorship
or contract brewing arrangement as provided by Section 62.14.
SECTION 7. Section 62.14, Alcoholic Beverage Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(b-1), (d), and (e) to read as follows:
(a) The holder of [An entity or successor to an entity that
on May 1, 2005, held] a manufacturer's or nonresident
manufacturer's license [or whose brand was legally sold in this
state] may contract with the holder of a manufacturer's license:
(1) to provide manufacturing services; or
(2) for the use of the license holder's manufacturing
facilities under an alternating brewery proprietorship if each
party to the proprietorship:
(A) has filed the appropriate Brewer's Notice and
Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury; and
(B) if applicable, has posted with the commission
a bond in an amount determined by the commission under Subsection
(d) or (e) [or to provide manufacturing services].
(b) An entity [or successor to an entity that on May 1, 2005,
held a manufacturer's or nonresident manufacturer's license or
whose brand was legally sold in this state] is not required to own
its manufacturing facilities if the entity operates under an
alternating brewery proprietorship as provided by Subsection (a).
(b-1) Each entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must hold a license
at the location where manufacturing services are conducted under
the arrangement.
(d) Subject to Subsection (e), the commission by rule may
require an entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement to post with the
commission a bond in an amount determined by the commission not to
exceed $200,000.
(e) An entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must post with the
commission a bond in an amount determined by the commission of not
less than $30,000 if the entity does not own a fee interest in a
manufacturing facility.
SECTION 8. Section 63.05, Alcoholic Beverage Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(b-1), (d), and (e) to read as follows:
(a) The holder of [An entity or successor to an entity that
on May 1, 2005, held] a manufacturer's or nonresident
manufacturer's license [or whose brand was legally sold in this
state] may contract with the holder of a nonresident manufacturer's
license:
(1) to provide manufacturing services; or
(2) for the use of the license holder's manufacturing
facilities under an alternating brewery proprietorship if each
party to the proprietorship:
(A) has filed the appropriate Brewer's Notice and
Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury; and
(B) if applicable, has posted with the commission
a bond in an amount determined by the commission under Subsection
(d) or (e) [or to provide manufacturing services].
(b) An entity [or successor to an entity that on May 1, 2005,
held a manufacturer's or nonresident manufacturer's license or
whose brand was legally sold in this state] is not required to own
its manufacturing facilities if the entity operates under an
alternating brewery proprietorship as provided by Subsection (a).
(b-1) Each entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must hold a license
at the location where manufacturing services are conducted under
the arrangement.
(d) Subject to Subsection (e), the commission by rule may
require an entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement to post with the
commission a bond in an amount determined by the commission not to
exceed $200,000.
(e) An entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must post with the
commission a bond in an amount determined by the commission of not
less than $30,000 if the entity does not own a fee interest in a
manufacturing facility.
SECTION 9. Subchapter A, Chapter 102, Alcoholic Beverage
Code, is amended by adding Section 102.22 to read as follows:
Sec. 102.22. VERIFICATION OF USE OF FACILITIES. (a) A
person who holds a permit issued under Chapter 12 or 13 or a license
issued under Chapter 62 or 63 shall verify to the commission on an
annual basis that a brewing or manufacturing facility owned or
controlled by the permit or license holder is not used to produce
malt beverages primarily for a specific retailer or the retailer's
affiliates.
(b) The commission shall adopt a form for the verification
required under this section.
SECTION 10. This Act takes effect September 1, 2013.
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