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.