BILL ANALYSIS Senate Research Center S.B. 430 84R3554 MCK-F By: Eltife Business & Commerce 4/20/2015 As Filed
BILL ANALYSIS
Senate Research Center S.B. 430
84R3554 MCK-F By: Eltife
Business & Commerce
4/20/2015
As Filed
Senate Research Center
S.B. 430
84R3554 MCK-F
By: Eltife
Business & Commerce
4/20/2015
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 430 clarifies the type of wholesaler who may purchase malt and vinous liquors from a brewpub license holder as well as whom a brewpub license holder may sell those products to on the wholesale tier level. S.B. 430 corrects an oversight to allow the wholesale permit (W), the general class B wholesaler permit (X), and the local class B wholesaler permit (LX) to all purchase malt and vinous liquors from holders of a brewpub license (BP) and likewise the brewpub license holder to sell to them. By amending sections to include holders of wholesale permits and local class B wholesaler permits, the bill also eliminates the need for a wholesaler to hold multiple permits to purchase malt and vinous liquors from a brewpub license holder. As proposed, S.B. 430 amends current law relating to allowing the holder of a brewpub license to sell ale and malt liquor to certain wholesalers. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 19.01, Alcoholic Beverage Code, as follows: Sec. 19.01. AUTHORIZED ACTIVITIES. Authorizes the holder of a wholesaler's permit to participate in certain transactions as set forth, including authorizing the holder of a wholesaler's permit to purchase ale and malt liquor from holders of brewpub licenses. Makes nonsubstantive changes regarding redesignation of subdivisions. SECTION 2. Amends Section 21.01, Alcoholic Beverage Code, as follows: Sec. 21.01. AUTHORIZED ACTIVITIES. Allows the holder of a local class B wholesaler's permit to: (1) Makes no change to this subdivision; (2) purchase malt and vinous liquors from holders of brewpub licenses, and other wholesalers in the state; (3) sell the malt and vinous liquors, in the original containers in which the permit holder receives them, to general and local class B wholesaler's permittees and, in the permit holder's county of residence, to local distributor's permittees and retailers, including mixed beverage permittees and daily temporary mixed beverage permittees; and (4) Makes no change to this subdivision. Makes nonsubstantive changes. SECTION 3. Amends Section 74.10(a), Alcoholic Beverage Code, to authorize the holder of a brewpub license to 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, in addition to the activities authorized by Section 74.01 (Authorized Activities). SECTION 4. Effective date: upon passage or September 1, 2015.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 430 clarifies the type of wholesaler who may purchase malt and vinous liquors from a brewpub license holder as well as whom a brewpub license holder may sell those products to on the wholesale tier level.
S.B. 430 corrects an oversight to allow the wholesale permit (W), the general class B wholesaler permit (X), and the local class B wholesaler permit (LX) to all purchase malt and vinous liquors from holders of a brewpub license (BP) and likewise the brewpub license holder to sell to them.
By amending sections to include holders of wholesale permits and local class B wholesaler permits, the bill also eliminates the need for a wholesaler to hold multiple permits to purchase malt and vinous liquors from a brewpub license holder.
As proposed, S.B. 430 amends current law relating to allowing the holder of a brewpub license to sell ale and malt liquor to certain wholesalers.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 19.01, Alcoholic Beverage Code, as follows:
Sec. 19.01. AUTHORIZED ACTIVITIES. Authorizes the holder of a wholesaler's permit to participate in certain transactions as set forth, including authorizing the holder of a wholesaler's permit to purchase ale and malt liquor from holders of brewpub licenses. Makes nonsubstantive changes regarding redesignation of subdivisions.
SECTION 2. Amends Section 21.01, Alcoholic Beverage Code, as follows:
Sec. 21.01. AUTHORIZED ACTIVITIES. Allows the holder of a local class B wholesaler's permit to:
(1) Makes no change to this subdivision;
(2) purchase malt and vinous liquors from holders of brewpub licenses, and other wholesalers in the state;
(3) sell the malt and vinous liquors, in the original containers in which the permit holder receives them, to general and local class B wholesaler's permittees and, in the permit holder's county of residence, to local distributor's permittees and retailers, including mixed beverage permittees and daily temporary mixed beverage permittees; and
(4) Makes no change to this subdivision.
Makes nonsubstantive changes.
SECTION 3. Amends Section 74.10(a), Alcoholic Beverage Code, to authorize the holder of a brewpub license to 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, in addition to the activities authorized by Section 74.01 (Authorized Activities).
SECTION 4. Effective date: upon passage or September 1, 2015.