89R732 SCP-D
By: Phelan H.B. No. 4773
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain malt beverages between two or
more licensed premises operating under the same general ownership
or management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 62, Alcoholic Beverage Code, is amended
by adding Section 62.085 to read as follows:
Sec. 62.085. TRANSFER OF MALT BEVERAGES. (a) The holder of
a brewer's license may transfer malt beverages produced under the
license between any of the license holder's licensed brewery
premises, including a facility operating under an alternating
brewery proprietorship or contract brewing arrangement as provided
by Section 62.14, during the hours provided by Section 105.051,
subject to rules prescribed by the commission.
(b) The holder of a brewer's license may not transport malt
beverages under Subsection (a) unless:
(1) the license holder provides the commission with a
description, as required by the commission, of each motor vehicle
used by the license holder to transport malt beverages; and
(2) each motor vehicle is plainly marked or lettered
to indicate that it is being used by the license holder to transport
malt beverages.
(c) When transporting malt beverages under this section,
the holder of a brewer's license may not violate the motor carrier
laws of this state.
(d) For purposes of Section 62.122, a malt beverage
transported under this section is considered to be produced on the
premises where the malt beverage is produced and may not be
considered to be produced on the premises to which the malt beverage
is transported.
SECTION 2. Section 69.11, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 69.11. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES
BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. (a) Except as
provided by Subsection (b), the [The] owner of two or more licensed
retail premises may not exchange or transport malt beverages
between them.
(b) Malt [unless all of the conditions set out in Section
24.04 are met, except that malt] beverages may be transferred
between:
(1) two licensed retail premises that are both covered
by package store permits as provided in Section 22.08; or
(2) two licensed brewpubs operating under the same
general management or ownership as provided in Section 74.12.
SECTION 3. Chapter 74, Alcoholic Beverage Code, is amended
by adding Section 74.12 to read as follows:
Sec. 74.12. TRANSFER OF BEVERAGES. (a) The holder of a
brewpub license operating more than one brewpub as authorized by
Section 74.01(b) may transfer malt beverages brewed under the
license between any of the license holder's brewpubs during the
hours provided by Section 105.051, subject to rules prescribed by
the commission.
(b) The holder of a brewpub license may not transport malt
beverages under Subsection (a) unless:
(1) the license holder provides the commission with a
description, as required by the commission, of each motor vehicle
used by the license holder to transport malt beverages; and
(2) each motor vehicle is plainly marked or lettered
to indicate that it is being used by the license holder to transport
malt beverages.
(c) When transporting malt beverages under this section,
the holder of a brewpub license may not violate the motor carrier
laws of this state.
(d) For purposes of Sections 74.03 and 74.08, a malt
beverage transported under this section is considered to be brewed
by the brewpub where the malt beverage is brewed and may not be
considered to be brewed by the brewpub to which the malt beverage is
transported.
SECTION 4. This Act takes effect September 1, 2025.