Texas 2013 - 83rd Regular

Texas Senate Bill SB518 Compare Versions

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1	1	By: Eltife, et al. S.B. No. 518
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 authority of certain brewers and manufacturers to
9	9	sell beer and ale to ultimate consumers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The legislature finds that:
12	12	(1) the state is authorized under the Twenty-first
13	13	Amendment of the United States Constitution to promote the public's
14	14	interest in the fair, efficient, and competitive marketing of beer
15	15	and ale in this state;
16	16	(2) the United States Supreme Court in Granholm v.
17	17	Heald, 544 U.S. 460 (2005), has recognized that the three-tier
18	18	system of regulating the alcoholic beverage industry is
19	19	unquestionably legitimate;
20	20	(3) in Granholm, the United States Supreme Court
21	21	further recognized that while the states are entitled to regulate
22	22	the production and sale of liquor within their borders, the right is
23	23	nonetheless subject to the provisions of the Constitution of the
24	24	United States, including the Interstate Commerce Clause, and laws
25	25	regulating the alcoholic beverage industry may not discriminate
26	26	against out-of-state participants or give undue deference to local
27	27	participants and may not ignore other provisions of the
28	28	constitution, including the Supremacy Clause, Commerce Clause, and
29	29	the Privileges and Immunities Clause with its nondiscriminatory
30	30	principles;
31	31	(4) the state is authorized to promote, market, and
32	32	educate consumers about the emerging small brewing industry;
33	33	(5) it is in the state's interest to encourage
34	34	entrepreneurial and small business development opportunities in
35	35	the state that will lead to new capital investment in the state,
36	36	create new jobs in the state, and expand the state and local tax
37	37	base; and
38	38	(6) it is the public policy of the state to exercise
39	39	the police power of the state to protect the welfare, health, peace,
40	40	temperance, and safety of the people of Texas.
41	41	SECTION 2. Chapter 12, Alcoholic Beverage Code, is amended
42	42	by adding Section 12.052 to read as follows:
43	43	Sec. 12.052. SALES BY CERTAIN BREWERS TO CONSUMERS.
44	44	(a) In addition to the activities authorized by Section 12.01, the
45	45	holder of a brewer's permit whose annual production of ale together
46	46	with the annual production of beer by the holder of a manufacturer's
47	47	license at the same premises does not exceed a total of 225,000
48	48	barrels may sell ale produced on the brewer's premises under the
49	49	permit to ultimate consumers on the brewer's premises for
50	50	responsible consumption on the brewer's premises.
51	51	(b) The total combined sales of ale to ultimate consumers
52	52	under this section, together with the sales of beer to ultimate
53	53	consumers by the holder of a manufacturer's license under Section
54	54	62.122 at the same premises, may not exceed 5,000 barrels annually.
55	55	SECTION 3. Chapter 62, Alcoholic Beverage Code, is amended
56	56	by adding Section 62.122 to read as follows:
57	57	Sec. 62.122. SALES BY CERTAIN MANUFACTURERS TO CONSUMERS.
58	58	(a) A manufacturer's licensee whose annual production of beer
59	59	together with the annual production of ale by the holder of a
60	60	brewer's permit at the same premises does not exceed 225,000
61	61	barrels may sell beer produced on the manufacturer's premises under
62	62	the license to ultimate consumers on the manufacturer's premises
63	63	for responsible consumption on the manufacturer's premises.
64	64	(b) The total combined sales of beer to ultimate consumers
65	65	under this section, together with the sales of ale to ultimate
66	66	consumers by the holder of a brewer's permit under Section 12.052 at
67	67	the same premises, may not exceed 5,000 barrels annually.
68	68	SECTION 4. Chapter 105, Alcoholic Beverage Code, is amended
69	69	by adding Section 105.081 to read as follows:
70	70	Sec. 105.081. HOURS OF SALE AND CONSUMPTION: BREWER OR
71	71	MANUFACTURER. (a) The holder of a brewer's permit may sell, offer
72	72	for sale, and deliver ale or malt liquor and a person may consume
73	73	ale or malt liquor on the brewer's premises:
74	74	(1) between 8 a.m. and midnight on any day except
75	75	Sunday; and
76	76	(2) between 10 a.m. and midnight on Sunday.
77	77	(b) The holder of a manufacturer's license may sell, offer
78	78	for sale, and deliver beer and a person may consume beer on the
79	79	manufacturer's premises:
80	80	(1) between 8 a.m. and midnight on any day except
81	81	Sunday; and
82	82	(2) between 10 a.m. and midnight on Sunday.
83	83	SECTION 5. (a) Subject to Subsection (b) of this section,
84	84	this Act takes effect immediately if it receives a vote of
85	85	two-thirds of all the members elected to each house, as provided by
86	86	Section 39, Article III, Texas Constitution. If this Act does not
87	87	receive the vote necessary for immediate effect, this Act takes
88	88	effect September 1, 2013.
89	89	(b) The changes in law made by this Act take effect only if
90	90	each of the following bills is enacted and becomes law:
91	91	(1) Senate Bill No. 515, House Bill No. 1763, or
92	92	another similar bill of the 83rd Legislature, Regular Session,
93	93	2013, that allows holders of brewpub licenses to self-distribute
94	94	beer, malt liquor, or ale produced under the license to retailers;
95	95	(2) Senate Bill No. 516, House Bill No. 1764, or
96	96	another similar bill of the 83rd Legislature, Regular Session,
97	97	2013, that allows small brewers to sell ale to retailers;
98	98	(3) Senate Bill No. 517, House Bill No. 1765, or
99	99	another similar bill of the 83rd Legislature, Regular Session,
100	100	2013, that allows small beer manufacturers to sell beer to
101	101	retailers; and
102	102	(4) Senate Bill No. 639, House Bill No. 1538, or
103	103	another similar bill of the 83rd Legislature, Regular Session,
104	104	2013, relating to sales of beer by a manufacturer to a distributor
105	105	and certain agreements between a manufacturer and distributor.