By: King of Hemphill (Senate Sponsor - Hancock) H.B. No. 3222
(In the Senate - Received from the House May 13, 2019;
May 14, 2019, read first time and referred to Committee on Business &
Commerce; May 20, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 20, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3222 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a nonresident brewer's or nonresident
manufacturer's agent's permit; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 57 to read as follows:
CHAPTER 57. NONRESIDENT BREWER'S OR NONRESIDENT MANUFACTURER'S
AGENT'S PERMIT
Sec. 57.001. AUTHORIZED ACTIVITIES. The holder of a
nonresident brewer's or nonresident manufacturer's agent's permit
may:
(1) represent one or more:
(A) nonresident brewers; and
(B) nonresident manufacturers; and
(2) on behalf of a nonresident brewer or nonresident
manufacturer whom the permit holder represents:
(A) perform any activity the nonresident brewer
or nonresident manufacturer whom the permit holder represents could
perform in this state; and
(B) apply for a permit, license, or other
authorization required by the commission.
Sec. 57.002. FEE. The annual state fee for a nonresident
brewer's or nonresident manufacturer's agent's permit is $2,500.
Sec. 57.003. ELIGIBILITY. A nonresident brewer's or
nonresident manufacturer's agent's permit may be issued only to a
person who holds a nonresident seller's permit under Chapter 37.
Sec. 57.004. RESTRICTION AS TO REPRESENTATION. (a) A
holder of a nonresident brewer's or nonresident manufacturer's
agent's permit may not represent a nonresident brewer or a
nonresident manufacturer unless the permit holder is the primary
American source of supply for a product produced by the nonresident
brewer or nonresident manufacturer.
(b) In this section, "primary American source of supply"
means the nonresident brewer or nonresident manufacturer or the
exclusive agent of the nonresident brewer or nonresident
manufacturer. To be the "primary American source of supply" the
nonresident brewer's or nonresident manufacturer's agent 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 and
distributors.
Sec. 57.005. AUTHORIZATION BY NONRESIDENT BREWER OR
NONRESIDENT MANUFACTURER REQUIRED. A nonresident brewer's or
nonresident manufacturer's agent's permit may not be issued to a
person unless the person shows to the satisfaction of the
commission that the person has been authorized to act as the agent
of a nonresident brewer or nonresident manufacturer the person
proposes to represent.
Sec. 57.006. TERRITORIAL AGREEMENT NOT AFFECTED. Nothing
in this chapter affects a territorial agreement entered into under
Subchapter C, Chapter 102.
Sec. 57.007. RESPONSIBILITY FOR AGENT'S ACTIONS. A
nonresident brewer or nonresident manufacturer is responsible for
any action taken by a nonresident brewer's or nonresident
manufacturer's agent in the course of the agent's representation of
the nonresident brewer or nonresident manufacturer under this
chapter to the same extent and in the same manner as if the action
had been taken by the nonresident brewer or nonresident
manufacturer.
SECTION 2. This Act takes effect September 1, 2019.
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