89R15756 SCF-D
By: VanDeaver H.B. No. 4463
A BILL TO BE ENTITLED
AN ACT
relating to authorized activities of a brewer's or nonresident
brewer's license holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 62.14(a) and (b-1), Alcoholic Beverage
Code, are amended to read as follows:
(a) The holder of a brewer's or nonresident brewer's license
may contract with the holder of a brewer's or nonresident brewer's
license:
(1) to provide manufacturing services; or
(2) for the use of the license holder's manufacturing
facilities under an alternating brewery proprietorship if each
party to the proprietorship:
(A) has filed the appropriate Brewer's Notice and
Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury; and
(B) if applicable, has posted with the commission
a bond in an amount determined by the commission under Subsection
(d) or (e).
(b-1) Each entity that is a party to an alternating brewery
proprietorship or contract brewing arrangement must hold a brewer's
license in this state at the location where brewing services are
conducted under the arrangement.
SECTION 2. Section 63.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 63.01. AUTHORIZED ACTIVITIES. (a) The holder of a
nonresident brewer's license may transport or cause to be
transported malt beverages into Texas only to holders of brewer's
or distributor's licenses. The nonresident brewer's licensee may
transport the malt beverages in carriers or vehicles operated by
holders of carrier's permits or in motor vehicles owned or leased by
the nonresident brewer. The malt beverages must be shipped in
barrels or other containers in accordance with the provisions of
this code and may not be shipped into the state in tank cars.
(b) The holder of a nonresident brewer's license may
transport or cause to be transported malt beverages into Texas from
any of the license holder's locations outside of this state under
the license. The holder is not required to hold a separate
nonresident brewer's license for each location outside of this
state.
(c) The holder of a nonresident brewer's license may enter
into a contract with the holder of a brewer's license under Section
62.14 and engage in any activity authorized under that section.
SECTION 3. Chapter 63, Alcoholic Beverage Code, is amended
by adding Section 63.06 to read as follows:
Sec. 63.06. RESTRICTION AS TO SOURCE OF SUPPLY. (a) No
holder of a nonresident brewer's license may solicit, accept, or
fill an order for malt beverages from a holder of a brewer's or
distributor's license unless the nonresident brewer is the primary
American source of supply for the brand of malt beverages that is
ordered.
(b) In this section, "primary American source of supply"
means the brewer, the producer, the owner of the commodity at the
time it becomes a marketable product, the bottler, or the exclusive
agent of any of those. To be the "primary American source of
supply" the nonresident brewer must be the first source, that is,
the manufacturer or the source closest to the manufacturer, in the
channel of commerce from whom the product can be secured by Texas
distributors or brewers. A product may have only one primary
American source of supply to Texas.
SECTION 4. Section 63.05, Alcoholic Beverage Code, is
repealed.
SECTION 5. As soon as practicable after the effective date
of this Act, the Texas Alcoholic Beverage Commission shall adopt
rules to implement the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2025.