By: Eltife S.B. No. 1652
A BILL TO BE ENTITLED
AN ACT
relating to allowing the holder of a brewpub license to sell beer,
ale, and malt liquor to certain wholesalers, distributors, and
qualified persons outside the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a
wholesaler's permit may:
(1) purchase and import liquor from distillers,
brewers, wineries, wine bottlers, rectifiers, and manufacturers
who are holders of nonresident seller's permits or from their
agents who hold manufacturer's agents permits;
(2) purchase ale and malt liquor from holders of
brewpub licenses;
(3) purchase liquor from other wholesalers in the
state;
(4) [(3)] sell liquor in the original containers in
which it is received to retailers and wholesalers in this state
authorized to sell the liquor;
(5) [(4)] sell liquor to qualified persons outside the
state; and
(6) [(5)] sell ale and malt liquor to a holder of a
private club registration permit.
SECTION 2. Section 21.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 21.01. AUTHORIZED ACTIVITIES. The holder of a local
class B wholesaler's permit may:
(1) purchase and import malt and vinous liquors from
brewers, wineries, rectifiers, and wine manufacturers and bottlers
who are holders of nonresident seller's permits and from their
agents who are holders of manufacturer's agent permits;
(2) purchase malt and vinous liquors from holders of
brewer's permits, holders of brewpub licenses, and [from] other
wholesalers in the state;
(3) sell the malt and vinous liquors, in the original
containers in which the permit holder [he] receives them, to
general and local class B wholesaler's permittees and, in the
permit holder's [his] county of residence, to local distributor's
permittees and retailers, including mixed beverage permittees and
daily temporary mixed beverage permittees; and
(4) sell ale and malt liquor to a holder of a private
club registration permit.
SECTION 3. Section 65.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a local distributor's license may:
(1) receive beer in unbroken original packages from
manufacturers and brewpubs and from general, branch, or local
distributors;
(2) sell and distribute beer in the unbroken original
packages in which it is received:
(A) to the following, if located in the county of
the licensee's residence: local distributor permittees,
permittees or licensees authorized to sell to ultimate consumers,
private club registration permittees, authorized outlets located
on any installation of the national military establishment, or
qualified persons for shipment and consumption outside the state;
or
(B) to other licensed distributors in the state;
and
(3) serve free beer for consumption on the licensed
premises.
SECTION 4. Section 74.09(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) In addition to the activities authorized by Section
74.01, the holder of a brewpub license may sell beer produced under
the license to the holder of a general, local, or branch
distributor's license or to qualified distributors outside the
state.
SECTION 5. Section 74.10(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) In addition to the activities authorized by Section
74.01, the holder of a brewpub license may sell ale and malt liquor
to the holder of a wholesaler's permit, a general class B
wholesaler's permit, or a local class B wholesaler's permit or to
qualified wholesalers outside the state.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.