Texas 2019 - 86th Regular

Texas House Bill HB4396 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10508 JAM-D
2	2	By: Biedermann H.B. No. 4396
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of territorial limits on the distribution
8	8	and sale of ale, malt liquor, and beer and certain related
9	9	provisions governing relations between malt beverage manufacturers
10	10	and distributors.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.052(e), Alcoholic Beverage Code, is
13	13	amended to read as follows:
14	14	(e) A holder of a brewer's permit who under Subsection (c)
15	15	sells ale produced on the brewer's premises under the permit to
16	16	ultimate consumers on the brewer's premises for responsible
17	17	consumption on the brewer's premises:
18	18	(1) [shall file a territorial agreement with the
19	19	commission under Subchapters C and D, Chapter 102;
20	20	[(2)] must purchase any ale the permit holder sells on
21	21	the brewer's premises from the holder of a permit issued under
22	22	Chapter 19, 20, or 21; and
23	23	(2) [(3)] with respect to those purchases, must comply
24	24	with the requirements of this code governing dealings between a
25	25	distributor or wholesaler and a member of the retail tier,
26	26	including Section 102.31.
27	27	SECTION 2. Section 62.122(e), Alcoholic Beverage Code, is
28	28	amended to read as follows:
29	29	(e) A holder of a manufacturer's license who under
30	30	Subsection (c) sells beer produced on the manufacturer's premises
31	31	under the license to ultimate consumers on the manufacturer's
32	32	premises for responsible consumption on the manufacturer's
33	33	premises:
34	34	(1) [shall file a territorial agreement with the
35	35	commission under Subchapters C and D, Chapter 102;
36	36	[(2)] must purchase any beer the license holder sells
37	37	on the manufacturer's premises from the holder of a license issued
38	38	under Chapter 64, 65, or 66; and
39	39	(2) [(3)] with respect to those purchases, must comply
40	40	with the requirements of this code governing dealings between a
41	41	distributor or wholesaler and a member of the retail tier,
42	42	including Sections 61.73 and 102.31.
43	43	SECTION 3. Section 73.011(a), Alcoholic Beverage Code, is
44	44	amended to read as follows:
45	45	(a) A holder of an agent's beer license who is an employee or
46	46	agent of a manufacturer's licensee or a nonresident manufacturer's
47	47	licensee may not represent that the holder is the agent of or is
48	48	acting on behalf of a licensed distributor. [An agent may not
49	49	engage in conduct that is prohibited by Section 102.75 of this code
50	50	or other provisions of this code.]
51	51	SECTION 4. Section 109.62(e), Alcoholic Beverage Code, is
52	52	amended to read as follows:
53	53	(e) The alternate location must be in an area where the sale
54	54	of the applicable alcoholic beverages has been approved by a local
55	55	option election or where the distributor or wholesaler had been
56	56	operating under Section 251.77 or 251.78. [If beer, ale, or malt
57	57	liquor is handled at the alternate location, the alternate location
58	58	must be in the area assigned to the distributor or wholesaler under
59	59	Subchapters C and D, Chapter 102.]
60	60	SECTION 5. The following provisions of the Alcoholic
61	61	Beverage Code are repealed:
62	62	(1) Section 55.01(b);
63	63	(2) Section 64.07(c);
64	64	(3) Section 74.09(b);
65	65	(4) Section 74.10; and
66	66	(5) Subchapters C and D, Chapter 102.
67	67	SECTION 6. This Act takes effect September 1, 2019.