87R10539 MCF-F
By: Collier H.B. No. 3976
A BILL TO BE ENTITLED
AN ACT
relating to the authorized activities of a manufacturer's agent's
warehousing permit holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 55.01(a), (b), and (c), Alcoholic
Beverage Code, as effective September 1, 2021, are amended to read
as follows:
(a) The holder of a manufacturer's agent's warehousing
permit may:
(1) receive alcoholic [malt] beverages from any
license or permit holder that is authorized to sell the alcoholic
beverages to licensed or permitted wholesalers or distributors in
this state [the holder of a nonresident brewer's license] and store
the alcoholic beverages on the permitted premises;
(2) ship, cause to be shipped, sell, and otherwise
transfer the alcoholic [malt] beverages to licensed or permitted
wholesalers or distributors in this state who are authorized to
receive the alcoholic beverages and to persons outside this state
who are qualified to receive the alcoholic [malt] beverages under
the regulatory laws of the state or other jurisdiction in which the
alcoholic [malt] beverages are received; [and]
(3) return alcoholic [malt] beverages to the license
or permit holder [brewer] from which they were originally received;
and
(4) unpack, repack, or co-pack the alcoholic beverages
in any combination or configuration.
(b) The holder of a manufacturer's agent's warehousing
permit may ship malt beverages only to distributors in this state
who have been issued a territorial designation by the [actual]
brewer or the primary source of American supply of the brand or
brands to be shipped. This territorial designation for the sale of
malt beverages must be under and a part of the agreement entered
into between the [actual] brewer or the primary source of American
supply of the brand and the distributor under Subchapters C and D,
Chapter 102. This chapter does not affect the requirement that the
[actual] brewer or the primary source of American supply, and the
agreement between the [actual] brewer or the primary source of
American supply and the distributor, comply with Subchapters C and
D, Chapter 102.
(c) Alcoholic [Malt] beverages received at premises
permitted under this chapter that are not labeled and approved for
sale in this state may be held and stored at the premises and may be
shipped from the premises if the alcoholic [malt] beverages are
consigned and transported to qualified persons in other states or
jurisdictions where their sale is legal.
SECTION 2. Section 55.03, Alcoholic Beverage Code, as
effective September 1, 2021, is amended to read as follows:
Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's
agent's warehousing permit may be issued to an entity:
(1) that receives alcoholic [malt] beverages from
another entity, or that other entity's immediate successor in
interest, that:
(A) is located and chartered in the United
Mexican States;
(B) has held, for the two years preceding the
date of the application:
(i) a nonresident manufacturer's license,
nonresident brewer's permit, and a nonresident seller's permit;
(ii) a nonresident brewer's license and a
nonresident seller's permit; or
(iii) a combination of Subparagraph (i) and
Subparagraph (ii); and
(C) during each of those two years has shipped or
caused to be shipped into this state for ultimate sale to qualified
distributors and wholesalers in this state at least one-half
million barrels of malt beverages of the various brands
manufactured or brewed by the entity; and
(2) whose employees, located in this state or
elsewhere, perform the activities authorized under Chapters 36 and
73 on behalf of the entity.
SECTION 3. Section 55.05, Alcoholic Beverage Code, as
effective September 1, 2021, is amended to read as follows:
Sec. 55.05. REPORTING REQUIREMENTS. The commission shall
require monthly reports from a permit holder under this chapter
showing the brands, types, sizes of containers, and quantities of
alcoholic [malt] beverages received at and shipped from the
premises to persons authorized to receive them. The reports must
conform in all respects to the requirements and forms prescribed by
the commission and contain any other information required by the
commission.
SECTION 4. This Act takes effect September 1, 2021.