Texas 2013 - 83rd Regular

Texas Senate Bill SB516 Compare Versions

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1	1	By: Eltife, et al. S.B. No. 516
2	2	(Smith, Harless, Villarreal, Isaac,
3	3	Rodriguez of Travis, et al.)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the distribution of ale by certain brewers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The legislature finds that:
11	11	(1) the state is authorized under the Twenty-first
12	12	Amendment of the United States Constitution to promote the public's
13	13	interest in the fair, efficient, and competitive marketing of ale
14	14	in this state;
15	15	(2) the United States Supreme Court in Granholm v.
16	16	Heald, 544 U.S. 460 (2005), has recognized that the three-tier
17	17	system of regulating the alcoholic beverage industry is
18	18	unquestionably legitimate;
19	19	(3) in Granholm, the United States Supreme Court
20	20	further recognized that while the states are entitled to regulate
21	21	the production and sale of liquor within their borders, the right is
22	22	nonetheless subject to the provisions of the Constitution of the
23	23	United States, including the Interstate Commerce Clause, and laws
24	24	regulating the alcoholic beverage industry may not discriminate
25	25	against out-of-state participants or give undue deference to local
26	26	participants and may not ignore other provisions of the
27	27	constitution, including the Supremacy Clause, Commerce Clause, and
28	28	the Privileges and Immunities Clause with its nondiscriminatory
29	29	principles;
30	30	(4) the state is authorized to promote, market, and
31	31	educate consumers about the emerging small brewing industry;
32	32	(5) it is in the state's interest to encourage
33	33	entrepreneurial and small business development opportunities in
34	34	the state that will lead to new capital investment in the state,
35	35	create new jobs in the state, and expand the state and local tax
36	36	base; and
37	37	(6) it is the public policy of the state to exercise
38	38	the police power of the state to protect the welfare, health, peace,
39	39	temperance, and safety of the people of Texas.
40	40	SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is
41	41	amended by adding Chapter 12A to read as follows:
42	42	CHAPTER 12A. BREWER'S SELF-DISTRIBUTION PERMIT
43	43	Sec. 12A.01. ELIGIBILITY FOR PERMIT. A brewer's
44	44	self-distribution permit may be issued only to the holder of a
45	45	brewer's permit under Chapter 12 or the holder of a nonresident
46	46	brewer's permit under Chapter 13.
47	47	Sec. 12A.02. AUTHORIZED ACTIVITIES. (a) A holder of a
48	48	brewer's self-distribution permit whose annual production of ale
49	49	under the brewer's or nonresident brewer's permit, together with
50	50	the annual production of beer by the holder of a manufacturer's or
51	51	nonresident manufacturer's license at the same premises, does not
52	52	exceed 125,000 barrels may sell ale produced under the brewer's or
53	53	nonresident brewer's permit to those persons to whom the holder of a
54	54	general class B wholesaler's permit may sell ale under Section
55	55	20.01(3).
56	56	(b) The total combined sales of ale under this section,
57	57	together with the sales of beer by the holder of a manufacturer's
58	58	self-distribution license under Section 62A.02 at the same
59	59	premises, may not exceed 40,000 barrels annually.
60	60	(c) With regard to a sale under this section, the holder of a
61	61	brewer's self-distribution permit has the same authority and is
62	62	subject to the same requirements that apply to a sale made by the
63	63	holder of a general class B wholesaler's permit.
64	64	(d) Ale sold under this section may be shipped only from a
65	65	brewery in this state.
66	66	Sec. 12A.03. FEE. The annual state fee for a brewer's
67	67	self-distribution permit is $250.
68	68	Sec. 12A.04. REPORT OF SALES TO RETAILERS. (a) Not later
69	69	than the 15th day of each month, the holder of a brewer's
70	70	self-distribution permit shall file a report with the commission
71	71	that contains information relating to the sales made by the permit
72	72	holder to a retailer during the preceding calendar month.
73	73	(b) The commission shall by rule determine the information
74	74	that is required to be reported under this section and the manner in
75	75	which the report must be submitted to the commission. The
76	76	commission may require the report to contain the same information
77	77	reported to the comptroller under Section 151.462, Tax Code.
78	78	SECTION 3. Section 151.465, Tax Code, is amended to read as
79	79	follows:
80	80	Sec. 151.465. APPLICABILITY TO CERTAIN BREWERS. This
81	81	subchapter applies only to a brewer permitted under Chapter 12A
82	82	[whose annual production of malt liquor in this state, together
83	83	with the annual production of beer at the same premises by the
84	84	holder of a manufacturer's license under Section 62.12], Alcoholic
85	85	Beverage Code[, does not exceed 75,000 barrels].
86	86	SECTION 4. Section 12.05, Alcoholic Beverage Code, is
87	87	repealed.
88	88	SECTION 5. (a) Subject to Subsection (b) of this section,
89	89	this Act takes effect immediately if it receives a vote of
90	90	two-thirds of all the members elected to each house, as provided by
91	91	Section 39, Article III, Texas Constitution. If this Act does not
92	92	receive the vote necessary for immediate effect, this Act takes
93	93	effect September 1, 2013.
94	94	(b) The changes in law made by this Act take effect only if
95	95	each of the following bills is enacted and becomes law:
96	96	(1) Senate Bill No. 515, House Bill No. 1763, or
97	97	another similar bill of the 83rd Legislature, Regular Session,
98	98	2013, that allows holders of brewpub licenses to self-distribute
99	99	beer, malt liquor, or ale produced under the license to retailers;
100	100	(2) Senate Bill No. 517, House Bill No. 1765, or
101	101	another similar bill of the 83rd Legislature, Regular Session,
102	102	2013, that allows small beer manufacturers to sell beer to
103	103	retailers;
104	104	(3) Senate Bill No. 518, House Bill No. 1766, or
105	105	another similar bill of the 83rd Legislature, Regular Session,
106	106	2013, that allows small brewers and beer manufacturers to sell beer
107	107	and ale to ultimate consumers; and
108	108	(4) Senate Bill No. 639, House Bill No. 1538, or
109	109	another similar bill of the 83rd Legislature, Regular Session,
110	110	2013, relating to sales of beer by a manufacturer to a distributor
111	111	and certain agreements between a manufacturer and distributor.