Texas 2017 - 85th Regular

Texas Senate Bill SB2083 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Seliger S.B. No. 2083
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3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the sale of beer and ale by the holders of
7	7	Manufacturer's Licenses and Brewer's permits.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.052, Alcoholic Beverage Code, is
10	10	amended to read as follows:
11	11	Sec. 12.052. SALES BY CERTAIN BREWERS TO CONSUMERS. (a) In
12	12	addition to the activities authorized by Section 12.01, the holder
13	13	of a brewer's permit whose annual production of ale together with
14	14	the annual production of beer by the holder of a manufacturer's
15	15	license at all [the same] premises owned directly or indirectly by
16	16	the license holder or an affiliate or subsidiary does not exceed a
17	17	total of 225,000 barrels may sell ale produced on the brewer's
18	18	premises under the permit to ultimate consumers on the brewer's
19	19	premises for responsible consumption on the brewer's premises.
20	20	(b) The total combined sales of ale to ultimate consumers
21	21	under this section, together with the sales of beer to ultimate
22	22	consumers by the holder of a manufacturer's license under Section
23	23	62.122 at the same premises, may not exceed 5,000 barrels annually.
24	24	SECTION 2. Section 62.122, Alcoholic Beverage Code, is
25	25	amended to read as follows:
26	26	Sec. 62.122. SALES BY CERTAIN MANUFACTURERS TO CONSUMERS.
27	27	(a) A manufacturer's licensee whose annual production of beer
28	28	together with the annual production of ale by the holder of a
29	29	brewer's permit at [the same] all premises owned directly or
30	30	indirectly by the license holder or an affiliate or subsidiary does
31	31	not exceed 225,000 barrels may sell beer produced on the
32	32	manufacturer's premises under the license to ultimate consumers on
33	33	the manufacturer's premises for responsible consumption on the
34	34	manufacturer's premises.
35	35	(b) The total combined sales of beer to ultimate consumers
36	36	under this section, together with the sales of ale to ultimate
37	37	consumers by the holder of a brewer's permit under Section 12.052 at
38	38	the same premises, may not exceed 5,000 barrels annually.
39	39	SECTION 3. Section 12A.02, Alcoholic Beverage Code, is
40	40	amended to read as follows:
41	41	Sec. 12A.02. AUTHORIZED ACTIVITIES. (a) A holder of a
42	42	brewer's self-distribution permit whose annual production of ale
43	43	under the brewer's or nonresident brewer's permit, together with
44	44	the annual production of beer by the holder of a manufacturer's or
45	45	nonresident manufacturer's license at [the same] all premises owned
46	46	directly or indirectly by the license holder or an affiliate or
47	47	subsidiary, does not exceed 125,000 barrels may sell ale produced
48	48	under the brewer's or nonresident brewer's permit to those persons
49	49	to whom the holder of a general class B wholesaler's permit may sell
50	50	ale under Section 20.01(3).
51	51	(b) The total combined sales of ale under this section,
52	52	together with the sales of beer by the holder of a manufacturer's
53	53	self-distribution license under Section 62A.02 at all [the same]
54	54	premises owned directly or indirectly by the license holder or an
55	55	affiliate or subsidiary, may not exceed 40,000 barrels annually.
56	56	(c) With regard to a sale under this section, the holder of a
57	57	brewer's self-distribution permit has the same authority and is
58	58	subject to the same requirements that apply to a sale made by the
59	59	holder of a general class B wholesaler's permit.
60	60	(d) Ale sold under this section may be shipped only from a
61	61	brewery in this state.
62	62	SECTION 4. Section 62A.02, Alcoholic Beverage Code, is
63	63	amended to read as follows:
64	64	Sec. 62A.02. AUTHORIZED ACTIVITIES. (a) A holder of a
65	65	manufacturer's self-distribution license whose annual production
66	66	of beer under the manufacturer's or nonresident manufacturer's
67	67	license, together with the annual production of ale by the holder of
68	68	a brewer's or nonresident brewer's permit at [the same] all premises
69	69	owned directly or indirectly by the license holder or an affiliate
70	70	or subsidiary, does not exceed 125,000 barrels may sell beer
71	71	produced under the manufacturer's or nonresident manufacturer's
72	72	license to those persons to whom the holder of a general
73	73	distributor's license may sell beer under Section 64.01(a)(2).
74	74	(b) The total combined sales of beer under this section,
75	75	together with the sales of ale by the holder of a brewer's
76	76	self-distribution permit under Section 12A.02 at all [the same]
77	77	premises owned directly or indirectly by the license holder or an
78	78	affiliate or subsidiary, may not exceed 40,000 barrels annually.
79	79	(c) With regard to a sale under this section, the holder of a
80	80	manufacturer's self-distribution license has the same authority
81	81	and is subject to the same requirements that apply to a sale made by
82	82	the holder of a general distributor's license.
83	83	(d) Beer sold under this section may be shipped only from a
84	84	manufacturing facility in this state.
85	85	SECTION 5. This Act take effect immediately if it receives a
86	86	vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2017.