Texas 2013 - 83rd Regular

Texas Senate Bill SB517 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Eltife, et al. S.B. No. 517
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 beer by certain manufacturers.
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 beer
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 B, Title 3, Alcoholic Beverage Code, is
41	41	amended by adding Chapter 62A to read as follows:
42	42	CHAPTER 62A. MANUFACTURER'S SELF-DISTRIBUTION LICENSE
43	43	Sec. 62A.01. ELIGIBILITY FOR LICENSE. A manufacturer's
44	44	self-distribution license may be issued only to the holder of a
45	45	manufacturer's license under Chapter 62 or the holder of a
46	46	nonresident manufacturer's license under Chapter 63.
47	47	Sec. 62A.02. AUTHORIZED ACTIVITIES. (a) A holder of a
48	48	manufacturer's self-distribution license whose annual production
49	49	of beer under the manufacturer's or nonresident manufacturer's
50	50	license, together with the annual production of ale by the holder of
51	51	a brewer's or nonresident brewer's permit at the same premises, does
52	52	not exceed 125,000 barrels may sell beer produced under the
53	53	manufacturer's or nonresident manufacturer's license to those
54	54	persons to whom the holder of a general distributor's license may
55	55	sell beer under Section 64.01(a)(2).
56	56	(b) The total combined sales of beer under this section,
57	57	together with the sales of ale by the holder of a brewer's
58	58	self-distribution permit under Section 12A.02 at the same premises,
59	59	may not exceed 40,000 barrels annually.
60	60	(c) With regard to a sale under this section, the holder of a
61	61	manufacturer's self-distribution license has the same authority
62	62	and is subject to the same requirements that apply to a sale made by
63	63	the holder of a general distributor's license.
64	64	(d) Beer sold under this section may be shipped only from a
65	65	manufacturing facility in this state.
66	66	Sec. 62A.03. FEE. The annual state fee for a manufacturer's
67	67	self-distribution license is $250.
68	68	Sec. 62A.04. REPORT OF SALES TO RETAILERS. (a) Not later
69	69	than the 15th day of each month, the holder of a manufacturer's
70	70	self-distribution license shall file a report with the commission
71	71	that contains information relating to the sales made by the license
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 151.466, Tax Code, is amended to read as
79	79	follows:
80	80	Sec. 151.466. APPLICABILITY TO CERTAIN MANUFACTURERS. This
81	81	subchapter applies only to a manufacturer licensed under Chapter
82	82	62A, Alcoholic Beverage Code [whose annual production of beer in
83	83	this state does not exceed 75,000 barrels].
84	84	SECTION 4. Section 62.12, Alcoholic Beverage Code, is
85	85	repealed.
86	86	SECTION 5. (a) Subject to Subsection (b) of this section,
87	87	this Act takes effect immediately if it receives a vote of
88	88	two-thirds of all the members elected to each house, as provided by
89	89	Section 39, Article III, Texas Constitution. If this Act does not
90	90	receive the vote necessary for immediate effect, this Act takes
91	91	effect September 1, 2013.
92	92	(b) The changes in law made by this Act take effect only if
93	93	each of the following bills is enacted and becomes law:
94	94	(1) Senate Bill No. 515, House Bill No. 1763, or
95	95	another similar bill of the 83rd Legislature, Regular Session,
96	96	2013, that allows holders of brewpub licenses to self-distribute
97	97	beer, malt liquor, or ale produced under the license to retailers;
98	98	(2) Senate Bill No. 516, House Bill No. 1764, or
99	99	another similar bill of the 83rd Legislature, Regular Session,
100	100	2013, that allows small brewers to sell ale to retailers;
101	101	(3) Senate Bill No. 518, House Bill No. 1766, or
102	102	another similar bill of the 83rd Legislature, Regular Session,
103	103	2013, that allows small brewers and beer manufacturers to sell beer
104	104	and ale to ultimate consumers; and
105	105	(4) Senate Bill No. 639, House Bill No. 1538, or
106	106	another similar bill of the 83rd Legislature, Regular Session,
107	107	2013, relating to sales of beer by a manufacturer to a distributor
108	108	and certain agreements between a manufacturer and distributor.