By: Hilbert H.B. No. 1425 73R5057 DWS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the operation and licensing of a brew pub. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 3, Alcoholic Beverage Code, is 1-5 amended by adding Chapter 74 to read as follows: 1-6 CHAPTER 74. BREW PUB LICENSE 1-7 Sec. 74.01. AUTHORIZED ACTIVITIES. (a) Notwithstanding any 1-8 restriction on intra-industry relationships by Chapter 102 of this 1-9 code, the holder of a brew pub license may: 1-10 (1) manufacture, brew, bottle, can, package, and label 1-11 malt liquor and beer; 1-12 (2) sell or offer without charge, on the premises of 1-13 the holder's breweries, malt liquor or beer produced by the holder, 1-14 in or from any lawful container, to ultimate consumers for 1-15 consumption on those premises; 1-16 (3) sell food on the premises of the holder's 1-17 breweries; and 1-18 (4) sell malt liquor, beer, wine, and distilled liquor 1-19 not produced by the holder, in or from any lawful container, to 1-20 ultimate consumers for consumption on the premises of the holder's 1-21 breweries. 1-22 (b) The holder of a brew pub license may own more than one 1-23 brewery in this state as long as the total annual production of 1-24 those breweries does not exceed the limit imposed under Section 2-1 74.04 of this code. 2-2 Sec. 74.02. FEE. The commission by rule shall set the fee 2-3 for a brew pub license at an amount reasonable and necessary to 2-4 defray the cost of administering this chapter. 2-5 Sec. 74.03. PERMITS AND LICENSES PROHIBITED. The holder of 2-6 a brew pub license may not hold a permit or license under this code 2-7 that permits the sale of an alcoholic beverage for resale or 2-8 off-premise consumption. 2-9 Sec. 74.04. PRODUCTION LIMIT. The annual production of a 2-10 holder of a brew pub license may not exceed 75,000 barrels. 2-11 Sec. 74.05. INTRA-INDUSTRY RELATIONSHIPS. Except for the 2-12 acts allowed under Section 74.01 of this code, a holder of a brew 2-13 pub license, when acting as a brewer, manufacturer, or retailer, 2-14 shall comply with the restrictions of Chapter 102 of this code in 2-15 dealing with a wholesaler, retailer, or manufacturer. 2-16 SECTION 2. This Act takes effect September 1, 1993. 2-17 SECTION 3. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.