By: King of Hemphill H.B. No. 3222
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a nonresident brewer and nonresident
manufacturer agent permit; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Subtitle A, Texas Alcoholic Beverage
Code, is amended by adding new Chapter 57 to read as follows:
Chapter 57. NONRESIDENT BREWERS AGENT OR NONRESIDENT MANUFACTURERS
AGENT PERMIT
Sec. 57.01. AUTHORIZED ACTIVITES. The holder of a
nonresident brewer's agent permit or a nonresident manufacturer's
agent permit may:
1. represent nonresident brewers or nonresident
manufacturers located outside the United States;
2. perform any activity that the nonresident brewer or
nonresident manufacturer could perform in this state;
3. file for any permit, license, or other approval
required by the agency on behalf of the nonresident brewer or
nonresident manufacturer.
Sec. 57.02. FEE. The annual fee for a nonresident brewer's
agent permit or nonresident manufacturer's agent permit is $2500.
Sec. 57.03. ELIGIBILITY. (a) An applicant for a permit
under this chapter must:
1. be a current holder of a nonresident sellers permit
under Chapter 37; and
2.
be the primary American source of supply for beer or
ale brewed or manufactured outside the United States.
(b) In this section, "primary American source of supply"
means the nonresident brewer or nonresident manufacturer of ale or
beer produced outside of the United States, or the exclusive agent
of either of those. To be the "primary American source of supply"
the nonresident seller must be the first source, that is, the brewer
or manufacturer or the source closest to the brewer or
manufacturer, in the channel of commerce from whom the product can
be secured by Texas wholesalers or distributors.
Sec. 57.04. EVIDENCE OF AGENCY REQUIRED. A permit may not
be issued to a nonresident seller under this section until the
seller shows to the satisfaction of the agency that it is authorized
to act as the agent of a nonresident brewer or nonresident
manufacturer as described by this chapter.
SECTION 2. This Act takes effect September 1, 2019.