Texas 2021 - 87th Regular

Texas Senate Bill SB2032 Compare Versions

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

Old	New	Differences
1	1	87R97 MCK-D
2	2	By: Kolkhorst S.B. No. 2032
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sale of malt beverages by certain brewers to
8	8	ultimate consumers for on- and off-premises consumption; providing
9	9	administrative penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 62, Alcoholic Beverage Code, as
12	12	effective September 1, 2021, is amended by adding Section 62.123 to
13	13	read as follows:
14	14	Sec. 62.123. SALES BY CERTAIN HISTORIC BREWERS TO
15	15	CONSUMERS. (a) This section applies only to the holder of a
16	16	brewer's license:
17	17	(1) who has continuously operated a brewery producing
18	18	malt beverages since 1934 at a location included in a licensed
19	19	premises of the brewer:
20	20	(A) located in:
21	21	(i) a county with a population of not more
22	22	than 20,000; and
23	23	(ii) a municipality with a population of
24	24	not more than 2,500; and
25	25	(B) all or part of which is designated as a
26	26	landmark of historical significance by the Texas State Historical
27	27	Survey Committee or the Texas Historical Commission; and
28	28	(2) who brews, bottles, packages, and labels malt
29	29	beverages on those licensed premises.
30	30	(b) The holder of a brewer's license described by Subsection
31	31	(a) may sell malt beverages brewed, bottled, packaged, and labeled
32	32	on the premises described by Subsection (a) to ultimate consumers
33	33	on those premises:
34	34	(1) for responsible consumption on those premises; or
35	35	(2) subject to Subsection (c), for off-premises
36	36	consumption.
37	37	(c) Sales to a consumer under this section for off-premises
38	38	consumption are limited to 144 fluid ounces of malt beverages per
39	39	calendar day.
40	40	(d) The total sales of malt beverages to ultimate consumers
41	41	under this section at the same premises may not exceed 3,000 barrels
42	42	annually.
43	43	(e) A holder of a brewer's license who sells malt beverages
44	44	to ultimate consumers under this section:
45	45	(1) shall file a territorial agreement with the
46	46	commission under Subchapters C and D, Chapter 102;
47	47	(2) must purchase any malt beverages the license
48	48	holder sells on the brewer's premises from the holder of a license
49	49	issued under Chapter 64 or 66; and
50	50	(3) with respect to those purchases, must comply with
51	51	the requirements of this code governing dealings between a
52	52	distributor and a member of the retail tier, including Sections
53	53	61.73 and 102.31.
54	54	(f) The commission:
55	55	(1) may require the holder of a brewer's license who
56	56	sells malt beverages to ultimate consumers under this section to
57	57	report to the commission each month, in the manner prescribed by the
58	58	commission, the total amounts of malt beverages sold by the license
59	59	holder under this section during the preceding month for:
60	60	(A) responsible consumption on the brewer's
61	61	premises; and
62	62	(B) off-premises consumption, as authorized by
63	63	Subsection (b);
64	64	(2) by rule shall adopt a simple form for a report
65	65	required under Subdivision (1); and
66	66	(3) shall maintain reports received under this
67	67	subsection for public review.
68	68	(g) The commission may impose an administrative penalty
69	69	against a license holder who violates Subsection (c) or fails to
70	70	comply with a requirement established by the commission under
71	71	Subsection (f). The commission shall adopt rules establishing:
72	72	(1) the amount of an administrative penalty under this
73	73	subsection; and
74	74	(2) the procedures for imposing an administrative
75	75	penalty under this subsection.
76	76	SECTION 2. This Act takes effect September 1, 2021.