86R10508 JAM-D
By: Biedermann H.B. No. 4396
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of territorial limits on the distribution
and sale of ale, malt liquor, and beer and certain related
provisions governing relations between malt beverage manufacturers
and distributors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.052(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) A holder of a brewer's permit who under Subsection (c)
sells ale produced on the brewer's premises under the permit to
ultimate consumers on the brewer's premises for responsible
consumption on the brewer's premises:
(1) [shall file a territorial agreement with the
commission under Subchapters C and D, Chapter 102;
[(2)] must purchase any ale the permit holder sells on
the brewer's premises from the holder of a permit issued under
Chapter 19, 20, or 21; and
(2) [(3)] with respect to those purchases, must comply
with the requirements of this code governing dealings between a
distributor or wholesaler and a member of the retail tier,
including Section 102.31.
SECTION 2. Section 62.122(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) A holder of a manufacturer's license who under
Subsection (c) sells beer produced on the manufacturer's premises
under the license to ultimate consumers on the manufacturer's
premises for responsible consumption on the manufacturer's
premises:
(1) [shall file a territorial agreement with the
commission under Subchapters C and D, Chapter 102;
[(2)] must purchase any beer the license holder sells
on the manufacturer's premises from the holder of a license issued
under Chapter 64, 65, or 66; and
(2) [(3)] with respect to those purchases, must comply
with the requirements of this code governing dealings between a
distributor or wholesaler and a member of the retail tier,
including Sections 61.73 and 102.31.
SECTION 3. Section 73.011(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) A holder of an agent's beer license who is an employee or
agent of a manufacturer's licensee or a nonresident manufacturer's
licensee may not represent that the holder is the agent of or is
acting on behalf of a licensed distributor. [An agent may not
engage in conduct that is prohibited by Section 102.75 of this code
or other provisions of this code.]
SECTION 4. Section 109.62(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) The alternate location must be in an area where the sale
of the applicable alcoholic beverages has been approved by a local
option election or where the distributor or wholesaler had been
operating under Section 251.77 or 251.78. [If beer, ale, or malt
liquor is handled at the alternate location, the alternate location
must be in the area assigned to the distributor or wholesaler under
Subchapters C and D, Chapter 102.]
SECTION 5. The following provisions of the Alcoholic
Beverage Code are repealed:
(1) Section 55.01(b);
(2) Section 64.07(c);
(3) Section 74.09(b);
(4) Section 74.10; and
(5) Subchapters C and D, Chapter 102.
SECTION 6. This Act takes effect September 1, 2019.