| 1 | 1 | | 88R8299 SCP-D |
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| 2 | 2 | | By: Harris of Anderson H.B. No. 2885 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of certain malt beverages between two or |
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| 8 | 8 | | more licensed premises operating under the same general ownership |
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| 9 | 9 | | or management. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 62, Alcoholic Beverage Code, is amended |
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| 12 | 12 | | by adding Section 62.085 to read as follows: |
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| 13 | 13 | | Sec. 62.085. TRANSFER OF MALT BEVERAGES. (a) The holder of |
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| 14 | 14 | | a brewer's license may transfer malt beverages produced under the |
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| 15 | 15 | | license between any of the license holder's licensed brewery |
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| 16 | 16 | | premises, including a facility operating under an alternating |
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| 17 | 17 | | brewery proprietorship or contract brewing arrangement as provided |
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| 18 | 18 | | by Section 62.14, during the hours provided by Section 105.051, |
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| 19 | 19 | | subject to rules prescribed by the commission. |
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| 20 | 20 | | (b) The holder of a brewer's license may not transport malt |
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| 21 | 21 | | beverages under Subsection (a) unless: |
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| 22 | 22 | | (1) the license holder provides the commission with a |
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| 23 | 23 | | description, as required by the commission, of each motor vehicle |
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| 24 | 24 | | used by the license holder to transport malt beverages; and |
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| 25 | 25 | | (2) each motor vehicle is plainly marked or lettered |
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| 26 | 26 | | to indicate that it is being used by the license holder to transport |
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| 27 | 27 | | malt beverages. |
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| 28 | 28 | | (c) When transporting malt beverages under this section, |
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| 29 | 29 | | the holder of a brewer's license may not violate the motor carrier |
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| 30 | 30 | | laws of this state. |
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| 31 | 31 | | (d) For purposes of Section 62.122, a malt beverage |
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| 32 | 32 | | transported under this section is considered to be brewed on the |
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| 33 | 33 | | premises to which the malt beverage is transported. |
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| 34 | 34 | | SECTION 2. Section 69.11, Alcoholic Beverage Code, is |
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| 35 | 35 | | amended to read as follows: |
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| 36 | 36 | | Sec. 69.11. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES |
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| 37 | 37 | | BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. (a) Except as |
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| 38 | 38 | | provided by Subsection (b), the [The] owner of two or more licensed |
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| 39 | 39 | | retail premises may not exchange or transport malt beverages |
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| 40 | 40 | | between them. |
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| 41 | 41 | | (b) Malt [unless all of the conditions set out in Section |
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| 42 | 42 | | 24.04 are met, except that malt] beverages may be transferred |
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| 43 | 43 | | between: |
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| 44 | 44 | | (1) two licensed retail premises that are both covered |
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| 45 | 45 | | by wine only package store permits as provided in Section 24.04; |
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| 46 | 46 | | (2) two licensed retail premises that are both covered |
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| 47 | 47 | | by package store permits as provided in Section 22.08; or |
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| 48 | 48 | | (3) two licensed brewpubs operating under the same |
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| 49 | 49 | | general management or ownership as provided in Section 74.12. |
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| 50 | 50 | | SECTION 3. Chapter 74, Alcoholic Beverage Code, is amended |
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| 51 | 51 | | by adding Section 74.12 to read as follows: |
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| 52 | 52 | | Sec. 74.12. TRANSFER OF BEVERAGES. (a) The holder of a |
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| 53 | 53 | | brewpub license operating more than one brewpub as authorized by |
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| 54 | 54 | | Section 74.01(b) may transfer malt beverages brewed under the |
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| 55 | 55 | | license between any of the license holder's brewpubs during the |
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| 56 | 56 | | hours provided by Section 105.051, subject to rules prescribed by |
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| 57 | 57 | | the commission. |
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| 58 | 58 | | (b) The holder of a brewpub license may not transport malt |
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| 59 | 59 | | beverages under Subsection (a) unless: |
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| 60 | 60 | | (1) the license holder provides the commission with a |
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| 61 | 61 | | description, as required by the commission, of each motor vehicle |
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| 62 | 62 | | used by the license holder to transport malt beverages; and |
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| 63 | 63 | | (2) each motor vehicle is plainly marked or lettered |
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| 64 | 64 | | to indicate that it is being used by the license holder to transport |
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| 65 | 65 | | malt beverages. |
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| 66 | 66 | | (c) When transporting malt beverages under this section, |
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| 67 | 67 | | the holder of a brewpub license may not violate the motor carrier |
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| 68 | 68 | | laws of this state. |
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| 69 | 69 | | (d) For purposes of Sections 74.03 and 74.08, a malt |
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| 70 | 70 | | beverage transported under this section is considered to be brewed |
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| 71 | 71 | | by the brewpub to which the malt beverage is transported. |
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| 72 | 72 | | SECTION 4. This Act takes effect September 1, 2023. |
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