Texas 2025 - 89th Regular

Texas House Bill HB4463 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R22377~~ SCF-D
	1	+	89R15756 SCF-D
2	2		By: VanDeaver H.B. No. 4463
3		-	Substitute the following for H.B. No. 4463:
4		-	By: Phelan C.S.H.B. No. 4463
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to authorized activities of a brewer's or nonresident
12		-	brewer's license holder~~; authorizing a fee increase~~.
	10	+	brewer's license holder.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Sections 62.14(a) and (b-1), Alcoholic Beverage
15	13		Code, are amended to read as follows:
16	14		(a) The holder of a brewer's or nonresident brewer's license
17	15		may contract with the holder of a brewer's or nonresident brewer's
18	16		license:
19	17		(1) to provide manufacturing services; or
20	18		(2) for the use of the license holder's manufacturing
21	19		facilities under an alternating brewery proprietorship if each
22	20		party to the proprietorship:
23	21		(A) has filed the appropriate Brewer's Notice and
24	22		Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade
25	23		Bureau of the United States Department of the Treasury; and
26	24		(B) if applicable, has posted with the commission
27	25		a bond in an amount determined by the commission under Subsection
28	26		(d) or (e).
29	27		(b-1) Each entity that is a party to an alternating brewery
30	28		proprietorship or contract brewing arrangement must hold a brewer's
31	29		license in this state at the location where brewing services are
32	30		conducted under the arrangement.
33	31		SECTION 2. Section 63.01, Alcoholic Beverage Code, is
34	32		amended to read as follows:
35	33		Sec. 63.01. AUTHORIZED ACTIVITIES. (a) The holder of a
36	34		nonresident brewer's license may transport or cause to be
37	35		transported malt beverages into Texas only to holders of brewer's
38	36		or distributor's licenses. The nonresident brewer's licensee may
39	37		transport the malt beverages in carriers or vehicles operated by
40	38		holders of carrier's permits or in motor vehicles owned or leased by
41	39		the nonresident brewer. The malt beverages must be shipped in
42	40		barrels or other containers in accordance with the provisions of
43	41		this code and may not be shipped into the state in tank cars.
44	42		(b) The holder of a nonresident brewer's license may
45	43		transport or cause to be transported malt beverages into Texas from
46	44		any of the license holder's locations outside of this state under
47	45		the license. The holder is not required to hold a separate
48	46		nonresident brewer's license for each location outside of this
49	47		state.
50	48		(c) The holder of a nonresident brewer's license may enter
51	49		into a contract with the holder of a brewer's license under Section
52	50		62.14 and engage in any activity authorized under that section.
53	51		SECTION 3. Chapter 63, Alcoholic Beverage Code, is amended
54	52		by adding Section 63.06 to read as follows:
55		-	Sec. 63.06. RESTRICTION AS TO SOURCE OF SUPPLY;
56		-	CONSTRUCTION OF OTHER LAW. (a) No holder of a nonresident brewer's
57		-	license may solicit, accept, or fill an order for malt beverages
58		-	from a holder of a brewer's or distributor's license unless the
59		-	nonresident brewer is the primary American source of supply for the
60		-	brand of malt beverages that is ordered.
61		-	(b) A nonresident brewer that is the primary American source
62		-	of supply for a malt beverage is considered the brewer of the malt
63		-	beverage for purposes of Subchapters C and D, Chapter 102.
64		-	(c) In this section, "primary American source of supply"
	53	+	Sec. 63.06. RESTRICTION AS TO SOURCE OF SUPPLY. (a) No
	54	+	holder of a nonresident brewer's license may solicit, accept, or
	55	+	fill an order for malt beverages from a holder of a brewer's or
	56	+	distributor's license unless the nonresident brewer is the primary
	57	+	American source of supply for the brand of malt beverages that is
	58	+	ordered.
	59	+	(b) In this section, "primary American source of supply"
65	60		means the brewer, the producer, the owner of the commodity at the
66	61		time it becomes a marketable product, the bottler, or the exclusive
67	62		agent of any of those. To be the "primary American source of
68	63		supply" the nonresident brewer must be the first source, that is,
69	64		the manufacturer or the source closest to the manufacturer, in the
70	65		channel of commerce from whom the product can be secured by Texas
71	66		distributors or brewers. A product may have only one primary
72	67		American source of supply to Texas.
73	68		SECTION 4. Section 63.05, Alcoholic Beverage Code, is
74	69		repealed.
75	70		SECTION 5. As soon as practicable after the effective date
76	71		of this Act, the Texas Alcoholic Beverage Commission shall adopt
77		-	rules to implement the changes in law made by this Act, including
78		-	rules to adjust, including by increasing, fees assessed by the
79		-	commission under Section 5.50, Alcoholic Beverage Code, on
80		-	applicants for an original or renewal certificate, permit, or
81		-	license issued by the commission as necessary to ensure the amount
82		-	of the fees for an original or renewal certificate, permit, or
83		-	license is sufficient to cover the costs incurred by the commission
84		-	in administering the Alcoholic Beverage Code, as required by
85		-	Section 5.50, Alcoholic Beverage Code.
	72	+	rules to implement the changes in law made by this Act.
86	73		SECTION 6. This Act takes effect September 1, 2025.