H.B. No. 3222
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. (a) 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
Sec. 57.001. AUTHORIZED ACTIVITIES. A nonresident brewer's
or nonresident manufacturer's agent 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 agent represents:
(A) perform any activity the nonresident brewer
or nonresident manufacturer whom the agent represents could perform
in this state; and
(B) apply for a permit, license, or other
authorization required by the commission.
Sec. 57.002. RESTRICTION AS TO REPRESENTATION. (a) A
nonresident brewer's or nonresident manufacturer's agent may not
represent a nonresident brewer or a nonresident manufacturer unless
the agent 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. 57.003. AUTHORIZATION BY NONRESIDENT BREWER OR
NONRESIDENT MANUFACTURER REQUIRED. A nonresident brewer's or
nonresident manufacturer's agent must be authorized to act as the
agent of a nonresident brewer or nonresident manufacturer the
person proposes to represent.
Sec. 57.004. TERRITORIAL AGREEMENT NOT AFFECTED. Nothing
in this chapter affects a territorial agreement entered into under
Subchapter C, Chapter 102.
Sec. 57.005. 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.
(b) Effective September 1, 2021, Subtitle A, Title 3,
Alcoholic Beverage Code, is amended by adding Chapter 57 to read as
follows:
CHAPTER 57. NONRESIDENT BREWER'S AGENT
Sec. 57.001. AUTHORIZED ACTIVITIES. A nonresident brewer's
agent may:
(1) represent one or more nonresident brewers; and
(2) on behalf of a nonresident brewer whom the agent
represents:
(A) perform any activity the nonresident brewer
whom the agent represents could perform in this state; and
(B) apply for a permit, license, or other
authorization required by the commission.
Sec. 57.002. RESTRICTION AS TO REPRESENTATION. (a) A
nonresident brewer's agent may not represent a nonresident brewer
unless the agent is the primary American source of supply for a
product produced by the nonresident brewer.
(b) In this section, "primary American source of supply"
means the nonresident brewer or the exclusive agent of the
nonresident brewer. To be the "primary American source of supply"
the nonresident brewer's agent must be the first source, that is,
the brewer or the source closest to the brewer, in the channel of
commerce from whom the product can be secured by Texas
distributors.
Sec. 57.003. AUTHORIZATION BY NONRESIDENT BREWER REQUIRED.
A nonresident brewer's agent must be authorized to act as the agent
of a nonresident brewer the person proposes to represent.
Sec. 57.004. TERRITORIAL AGREEMENT NOT AFFECTED. Nothing
in this chapter affects a territorial agreement entered into under
Subchapter C, Chapter 102.
Sec. 57.005. RESPONSIBILITY FOR AGENT'S ACTIONS. A
nonresident brewer is responsible for any action taken by a
nonresident brewer's agent in the course of the agent's
representation of the nonresident brewer under this chapter to the
same extent and in the same manner as if the action had been taken by
the nonresident brewer.
SECTION 3. (a) Except as otherwise provided by this Act,
this Act takes effect September 1, 2019.
(b) Section 1 of this Act takes effect only if H.B. 1545 or
S.B. 623, Acts of the 86th Legislature, Regular Session, 2019, or
similar legislation of the 86th Legislature, Regular Session, 2019,
relating to the continuation and functions of the Texas Alcoholic
Beverage Commission is not enacted or does not become law. If H.B.
1545 or S.B. 623, Acts of the 86th Legislature, Regular Session,
2019, or similar legislation of the 86th Legislature, Regular
Session, 2019, relating to the continuation and functions of the
Texas Alcoholic Beverage Commission is enacted and becomes law,
Section 1 of this Act has no effect.
(c) Section 2 of this Act takes effect only if H.B. 1545 or
S.B. 623, Acts of the 86th Legislature, Regular Session, 2019, or
similar legislation of the 86th Legislature, Regular Session, 2019,
relating to the continuation and functions of the Texas Alcoholic
Beverage Commission is enacted and becomes law. If H.B. 1545 or
S.B. 623, Acts of the 86th Legislature, Regular Session, 2019, or
similar legislation of the 86th Legislature, Regular Session, 2019,
relating to the continuation and functions of the Texas Alcoholic
Beverage Commission is not enacted or does not become law, Section 2
of this Act has no effect.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3222 was passed by the House on May
10, 2019, by the following vote: Yeas 128, Nays 13, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3222 on May 24, 2019, by the following vote: Yeas 138, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3222 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor