Texas 2019 - 86th Regular

Texas House Bill HB3222 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3222
	1	+	By: King of Hemphill (Senate Sponsor - Hancock) H.B. No. 3222
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3222 By: Hancock
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of a nonresident brewer's or nonresident
6	14		manufacturer's agent's permit; authorizing a fee.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
9	17		amended by adding Chapter 57 to read as follows:
10	18		CHAPTER 57. NONRESIDENT BREWER'S OR NONRESIDENT MANUFACTURER'S
11	19		AGENT'S PERMIT
12	20		Sec. 57.001. AUTHORIZED ACTIVITIES. The holder of a
13	21		nonresident brewer's or nonresident manufacturer's agent's permit
14	22		may:
15	23		(1) represent one or more:
16	24		(A) nonresident brewers; and
17	25		(B) nonresident manufacturers; and
18	26		(2) on behalf of a nonresident brewer or nonresident
19	27		manufacturer whom the permit holder represents:
20	28		(A) perform any activity the nonresident brewer
21	29		or nonresident manufacturer whom the permit holder represents could
22	30		perform in this state; and
23	31		(B) apply for a permit, license, or other
24	32		authorization required by the commission.
25	33		Sec. 57.002. FEE. The annual state fee for a nonresident
26	34		brewer's or nonresident manufacturer's agent's permit is $2,500.
27	35		Sec. 57.003. ELIGIBILITY. A nonresident brewer's or
28	36		nonresident manufacturer's agent's permit may be issued only to a
29	37		person who holds a nonresident seller's permit under Chapter 37.
30	38		Sec. 57.004. RESTRICTION AS TO REPRESENTATION. (a) A
31	39		holder of a nonresident brewer's or nonresident manufacturer's
32	40		agent's permit may not represent a nonresident brewer or a
33	41		nonresident manufacturer unless the permit holder is the primary
34	42		American source of supply for a product produced by the nonresident
35	43		brewer or nonresident manufacturer.
36	44		(b) In this section, "primary American source of supply"
37	45		means the nonresident brewer or nonresident manufacturer or the
38	46		exclusive agent of the nonresident brewer or nonresident
39	47		manufacturer. To be the "primary American source of supply" the
40	48		nonresident brewer's or nonresident manufacturer's agent must be
41	49		the first source, that is, the brewer or manufacturer or the source
42	50		closest to the brewer or manufacturer, in the channel of commerce
43	51		from whom the product can be secured by Texas wholesalers and
44	52		distributors.
45	53		Sec. 57.005. AUTHORIZATION BY NONRESIDENT BREWER OR
46	54		NONRESIDENT MANUFACTURER REQUIRED. A nonresident brewer's or
47	55		nonresident manufacturer's agent's permit may not be issued to a
48	56		person unless the person shows to the satisfaction of the
49	57		commission that the person has been authorized to act as the agent
50	58		of a nonresident brewer or nonresident manufacturer the person
51	59		proposes to represent.
52	60		Sec. 57.006. TERRITORIAL AGREEMENT NOT AFFECTED. Nothing
53	61		in this chapter affects a territorial agreement entered into under
54	62		Subchapter C, Chapter 102.
55	63		Sec. 57.007. RESPONSIBILITY FOR AGENT'S ACTIONS. A
56	64		nonresident brewer or nonresident manufacturer is responsible for
57	65		any action taken by a nonresident brewer's or nonresident
58	66		manufacturer's agent in the course of the agent's representation of
59	67		the nonresident brewer or nonresident manufacturer under this
60	68		chapter to the same extent and in the same manner as if the action
61	69		had been taken by the nonresident brewer or nonresident
62	70		manufacturer.
63		-	SECTION 2. (a) Subtitle A, Title 3, Alcoholic Beverage
64		-	Code, is amended by adding Chapter 57 to read as follows:
65		-	CHAPTER 57. NONRESIDENT BREWER'S OR NONRESIDENT MANUFACTURER'S
66		-	AGENT
67		-	Sec. 57.001. AUTHORIZED ACTIVITIES. A nonresident brewer's
68		-	or nonresident manufacturer's agent may:
69		-	(1) represent one or more:
70		-	(A) nonresident brewers; and
71		-	(B) nonresident manufacturers; and
72		-	(2) on behalf of a nonresident brewer or nonresident
73		-	manufacturer whom the agent represents:
74		-	(A) perform any activity the nonresident brewer
75		-	or nonresident manufacturer whom the agent represents could perform
76		-	in this state; and
77		-	(B) apply for a permit, license, or other
78		-	authorization required by the commission.
79		-	Sec. 57.002. RESTRICTION AS TO REPRESENTATION. (a) A
80		-	nonresident brewer's or nonresident manufacturer's agent may not
81		-	represent a nonresident brewer or a nonresident manufacturer unless
82		-	the agent is the primary American source of supply for a product
83		-	produced by the nonresident brewer or nonresident manufacturer.
84		-	(b) In this section, "primary American source of supply"
85		-	means the nonresident brewer or nonresident manufacturer or the
86		-	exclusive agent of the nonresident brewer or nonresident
87		-	manufacturer. To be the "primary American source of supply" the
88		-	nonresident brewer's or nonresident manufacturer's agent must be
89		-	the first source, that is, the brewer or manufacturer or the source
90		-	closest to the brewer or manufacturer, in the channel of commerce
91		-	from whom the product can be secured by Texas wholesalers and
92		-	distributors.
93		-	Sec. 57.003. AUTHORIZATION BY NONRESIDENT BREWER OR
94		-	NONRESIDENT MANUFACTURER REQUIRED. A nonresident brewer's or
95		-	nonresident manufacturer's agent must be authorized to act as the
96		-	agent of a nonresident brewer or nonresident manufacturer the
97		-	person proposes to represent.
98		-	Sec. 57.004. TERRITORIAL AGREEMENT NOT AFFECTED. Nothing
99		-	in this chapter affects a territorial agreement entered into under
100		-	Subchapter C, Chapter 102.
101		-	Sec. 57.005. RESPONSIBILITY FOR AGENT'S ACTIONS. A
102		-	nonresident brewer or nonresident manufacturer is responsible for
103		-	any action taken by a nonresident brewer's or nonresident
104		-	manufacturer's agent in the course of the agent's representation of
105		-	the nonresident brewer or nonresident manufacturer under this
106		-	chapter to the same extent and in the same manner as if the action
107		-	had been taken by the nonresident brewer or nonresident
108		-	manufacturer.
109		-	(b) Effective September 1, 2021, Subtitle A, Title 3,
110		-	Alcoholic Beverage Code, is amended by adding Chapter 57 to read as
111		-	follows:
112		-	CHAPTER 57. NONRESIDENT BREWER'S AGENT
113		-	Sec. 57.001. AUTHORIZED ACTIVITIES. A nonresident brewer's
114		-	agent may:
115		-	(1) represent one or more nonresident brewers; and
116		-	(2) on behalf of a nonresident brewer whom the agent
117		-	represents:
118		-	(A) perform any activity the nonresident brewer
119		-	whom the agent represents could perform in this state; and
120		-	(B) apply for a permit, license, or other
121		-	authorization required by the commission.
122		-	Sec. 57.002. RESTRICTION AS TO REPRESENTATION. (a) A
123		-	nonresident brewer's agent may not represent a nonresident brewer
124		-	unless the agent is the primary American source of supply for a
125		-	product produced by the nonresident brewer.
126		-	(b) In this section, "primary American source of supply"
127		-	means the nonresident brewer or the exclusive agent of the
128		-	nonresident brewer. To be the "primary American source of supply"
129		-	the nonresident brewer's agent must be the first source, that is,
130		-	the brewer or the source closest to the brewer, in the channel of
131		-	commerce from whom the product can be secured by Texas
132		-	distributors.
133		-	Sec. 57.003. AUTHORIZATION BY NONRESIDENT BREWER REQUIRED.
134		-	A nonresident brewer's agent must be authorized to act as the agent
135		-	of a nonresident brewer the person proposes to represent.
136		-	Sec. 57.004. TERRITORIAL AGREEMENT NOT AFFECTED. Nothing
137		-	in this chapter affects a territorial agreement entered into under
138		-	Subchapter C, Chapter 102.
139		-	Sec. 57.005. RESPONSIBILITY FOR AGENT'S ACTIONS. A
140		-	nonresident brewer is responsible for any action taken by a
141		-	nonresident brewer's agent in the course of the agent's
142		-	representation of the nonresident brewer under this chapter to the
143		-	same extent and in the same manner as if the action had been taken by
144		-	the nonresident brewer.
145		-	SECTION 3. (a) Except as otherwise provided by this Act,
146		-	this Act takes effect September 1, 2019.
147		-	(b) Section 1 of this Act takes effect only if H.B. 1545 or
148		-	S.B. 623, Acts of the 86th Legislature, Regular Session, 2019, or
149		-	similar legislation of the 86th Legislature, Regular Session, 2019,
150		-	relating to the continuation and functions of the Texas Alcoholic
151		-	Beverage Commission is not enacted or does not become law. If H.B.
152		-	1545 or S.B. 623, Acts of the 86th Legislature, Regular Session,
153		-	2019, or similar legislation of the 86th Legislature, Regular
154		-	Session, 2019, relating to the continuation and functions of the
155		-	Texas Alcoholic Beverage Commission is enacted and becomes law,
156		-	Section 1 of this Act has no effect.
157		-	(c) Section 2 of this Act takes effect only if H.B. 1545 or
158		-	S.B. 623, Acts of the 86th Legislature, Regular Session, 2019, or
159		-	similar legislation of the 86th Legislature, Regular Session, 2019,
160		-	relating to the continuation and functions of the Texas Alcoholic
161		-	Beverage Commission is enacted and becomes law. If H.B. 1545 or
162		-	S.B. 623, Acts of the 86th Legislature, Regular Session, 2019, or
163		-	similar legislation of the 86th Legislature, Regular Session, 2019,
164		-	relating to the continuation and functions of the Texas Alcoholic
165		-	Beverage Commission is not enacted or does not become law, Section 2
166		-	of this Act has no effect.
167		-	______________________________ ______________________________
168		-	President of the Senate Speaker of the House
169		-	I certify that H.B. No. 3222 was passed by the House on May
170		-	10, 2019, by the following vote: Yeas 128, Nays 13, 2 present, not
171		-	voting; and that the House concurred in Senate amendments to H.B.
172		-	No. 3222 on May 24, 2019, by the following vote: Yeas 138, Nays 2,
173		-	2 present, not voting.
174		-	______________________________
175		-	Chief Clerk of the House
176		-	I certify that H.B. No. 3222 was passed by the Senate, with
177		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
178		-	0.
179		-	______________________________
180		-	Secretary of the Senate
181		-	APPROVED: __________________
182		-	Date
183		-	__________________
184		-	Governor
	71	+	SECTION 2. This Act takes effect September 1, 2019.
	72	+	* * * * *