87R10545 MCK-D
By: Kuempel H.B. No. 4016
A BILL TO BE ENTITLED
AN ACT
relating to operating agreements between holders of a distiller's
and rectifier's permit and certain alcoholic beverage permit
holders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
by adding Section 14.10 to read as follows:
Sec. 14.10. OPERATING AGREEMENTS BETWEEN PERMIT HOLDERS.
(a) The holder of a distiller's and rectifier's permit may engage
in any activity authorized by that permit on the permitted premises
of another distiller's and rectifier's permit holder under an
agreement between the permit holders that is approved by the
commission and that describes with specificity the nature,
duration, and extent of the activities authorized by the agreement.
(b) The holder of a distiller's and rectifier's permit may
enter into an agreement authorized by Section 37.011 with the
holder of a nonresident seller's permit that allows the nonresident
seller to use the distiller's permitted premises to manufacture,
rectify, purify, and refine distilled spirits and to bottle, label,
and package the nonresident seller's finished products.
(c) The commission shall adopt rules regulating the shared
use of the permitted premises under this section to ensure
administrative accountability of each permit holder and a strict
separation between the businesses and operations of the permit
holders.
SECTION 2. Chapter 37, Alcoholic Beverage Code, is amended
by adding Section 37.011 to read as follows:
Sec. 37.011. OPERATING AGREEMENT WITH IN-STATE DISTILLERY.
(a) The holder of a nonresident seller's permit who owns a
distillery outside of the state may enter into an agreement with the
holder of a distiller's and rectifier's permit that allows the
nonresident seller to manufacture, rectify, purify, and refine
distilled spirits and to bottle, label, and package the nonresident
seller's finished products on the distiller's and rectifier's
permitted premises. The agreement is subject to approval by the
commission and must describe with specificity the nature, duration,
and extent of the activities authorized by the agreement.
(b) The commission shall adopt rules regulating the shared
use of the permitted premises under this section to ensure
administrative accountability of each permit holder and a strict
separation between the businesses and operations of the permit
holders.
SECTION 3. This Act takes effect September 1, 2021.