By Maxey H.B. No. 977
74R3331 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authorized activities of certain holders of a
1-3 brewer's or manufacturer's license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.05, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 12.05. Sales by Certain Brewers. (a) The holder of a
1-8 brewer's permit whose annual production of ale in this state does
1-9 not exceed, together with the annual production of beer by the
1-10 holder of a manufacturer's license acting under the authority of
1-11 Section 62.12 of this code at the same premises, a total of 75,000
1-12 barrels, may sell ale produced under the permit to:
1-13 (1) any person in this state to whom a holder of a
1-14 general class B wholesaler's permit may sell ale under Section
1-15 20.01;
1-16 (2) ultimate consumers for consumption off the
1-17 holder's premises; and
1-18 (3) ultimate consumers for consumption on the holder's
1-19 premises in an amount that does not exceed 5,000 barrels annually
1-20 <those persons to whom the holder of a general class B wholesaler's
1-21 permit may sell malt liquor under Section 20.01(3) of this code>.
1-22 (b) A holder of a brewer's permit selling ale under
1-23 Subsection (a)(1) <With regard to such a sale, the brewer> has the
1-24 same authority and is subject to the same requirements that apply
2-1 to a sale made by the holder of a general class B wholesaler's
2-2 permit.
2-3 SECTION 2. Section 62.12, Alcoholic Beverage Code, is
2-4 amended to read as follows:
2-5 Sec. 62.12. Sales by Certain Manufacturers. (a) A
2-6 manufacturer's licensee whose annual production of beer in this
2-7 state does not exceed 75,000 barrels may sell beer produced under
2-8 the license to:
2-9 (1) any person to whom a holder of a general
2-10 distributor's license may sell beer under Section 64.01(a)(2);
2-11 (2) ultimate consumers for consumption off the
2-12 holder's premises; and
2-13 (3) ultimate consumers for consumption on the holder's
2-14 premises in an amount that does not exceed 5,000 barrels annually
2-15 <those permittees, licensees, and persons to whom a general
2-16 distributor's licensee may sell beer under Section 64.01(2) of this
2-17 code>.
2-18 (b) A holder of a manufacturer's license selling beer under
2-19 Subsection (a)(1) <With regard to such a sale, the manufacturer>
2-20 has the same authority and is subject to the same requirements as
2-21 apply to a sale made by a general distributor's licensee.
2-22 (c) <(b)> The authority granted by this section is
2-23 additional to that granted by Section 62.01 of this code.
2-24 SECTION 3. This Act takes effect September 1, 1995.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.