Texas 2019 - 86th Regular

Texas Senate Bill SB312 Compare Versions

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

Old	New	Differences
1	1	86R4379 BEE-F
2	2	By: Buckingham S.B. No. 312
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sale of ale and beer by certain brewers and
8	8	manufacturers to ultimate consumers for consumption off the
9	9	brewers' or manufacturers' premises.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 12.052(a), (c), and (e), Alcoholic
12	12	Beverage Code, are amended to read as follows:
13	13	(a) In addition to the activities authorized by Section
14	14	12.01, the holder of a brewer's permit whose annual production of
15	15	ale, together with the annual production of beer by the holder of a
16	16	manufacturer's license at all premises wholly or partly owned,
17	17	directly or indirectly, by the permit holder or an affiliate or
18	18	subsidiary of the permit holder, does not exceed a total of 225,000
19	19	barrels may sell ale produced on the brewer's premises under the
20	20	permit to ultimate consumers on the brewer's premises for
21	21	responsible consumption on the brewer's premises or for
22	22	off-premises consumption.
23	23	(c) Subject to Subsections (b), (d), and (e), the holder of
24	24	a brewer's permit may sell ale produced on the brewer's premises
25	25	under the permit to ultimate consumers on the brewer's premises for
26	26	responsible consumption on the brewer's premises or for
27	27	off-premises consumption even if the annual production limit
28	28	prescribed by Subsection (a) is exceeded if:
29	29	(1) the permit holder:
30	30	(A) was legally operating a manufacturing
31	31	facility with on-premise sales under Subsection (a) on February 1,
32	32	2017; or
33	33	(B) purchased an ownership interest in, or was
34	34	purchased by the holder of, a permit or license issued under Chapter
35	35	12, 13, 62, or 63; and
36	36	(2) the permit holder has annual production that does
37	37	not exceed 175,000 barrels at the brewer's premises.
38	38	(e) A holder of a brewer's permit who under Subsection (c)
39	39	sells ale produced on the brewer's premises under the permit to
40	40	ultimate consumers on the brewer's premises for responsible
41	41	consumption on the brewer's premises or for off-premises
42	42	consumption:
43	43	(1) shall file a territorial agreement with the
44	44	commission under Subchapters C and D, Chapter 102;
45	45	(2) must purchase any ale the permit holder sells on
46	46	the brewer's premises from the holder of a permit issued under
47	47	Chapter 19, 20, or 21; and
48	48	(3) with respect to those purchases, must comply with
49	49	the requirements of this code governing dealings between a
50	50	distributor or wholesaler and a member of the retail tier,
51	51	including Section 102.31.
52	52	SECTION 2. Sections 62.122(a), (c), and (e), Alcoholic
53	53	Beverage Code, are amended to read as follows:
54	54	(a) A manufacturer's licensee whose annual production of
55	55	beer, together with the annual production of ale by the holder of a
56	56	brewer's permit at all premises wholly or partly owned, directly or
57	57	indirectly, by the license holder or an affiliate or subsidiary of
58	58	the license holder, does not exceed 225,000 barrels may sell beer
59	59	produced on the manufacturer's premises under the license to
60	60	ultimate consumers on the manufacturer's premises for responsible
61	61	consumption on the manufacturer's premises or for off-premises
62	62	consumption.
63	63	(c) Subject to Subsections (b), (d), and (e), the holder of
64	64	a manufacturer's license may sell beer produced on the
65	65	manufacturer's premises under the license to ultimate consumers on
66	66	the manufacturer's premises for responsible consumption on the
67	67	manufacturer's premises or for off-premises consumption even if the
68	68	annual production limit prescribed by Subsection (a) is exceeded
69	69	if:
70	70	(1) the license holder:
71	71	(A) was legally operating a manufacturing
72	72	facility with on-premise sales under Subsection (a) on February 1,
73	73	2017; or
74	74	(B) purchased an ownership interest in, or was
75	75	purchased by the holder of, a permit or license issued under Chapter
76	76	12, 13, 62, or 63; and
77	77	(2) the license holder has annual production that does
78	78	not exceed 175,000 barrels at the manufacturer's premises.
79	79	(e) A holder of a manufacturer's license who under
80	80	Subsection (c) sells beer produced on the manufacturer's premises
81	81	under the license to ultimate consumers on the manufacturer's
82	82	premises for responsible consumption on the manufacturer's
83	83	premises or for off-premises consumption:
84	84	(1) shall file a territorial agreement with the
85	85	commission under Subchapters C and D, Chapter 102;
86	86	(2) must purchase any beer the license holder sells on
87	87	the manufacturer's premises from the holder of a license issued
88	88	under Chapter 64, 65, or 66; and
89	89	(3) with respect to those purchases, must comply with
90	90	the requirements of this code governing dealings between a
91	91	distributor or wholesaler and a member of the retail tier,
92	92	including Sections 61.73 and 102.31.
93	93	SECTION 3. This Act takes effect September 1, 2019.