SRC-JEC H.B. 941 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 941
78R11573 MCK-FBy: Chisum (Estes)
Business & Commerce
5/7/2003
Engrossed


DIGEST AND PURPOSE 

Current law allows  Texas-based manufacturers and breweries to  produce,
store, and export beer, ale, and malt liquor intended for export to
another state and no state tax liability is incurred for manufacturers and
breweries under these circumstances.  This does not apply to wholesalers
and distributors.  H.B. 941 allows the holder of any class of beer
distributor's license or any class of liquor wholesaler's permit the
authority to receive and store brands and packages of beer, ale, or malt
liquor which are intended for export to another state where the
distributor or wholesaler has been assigned a territory for those brands
even though they may not be lawful for sale in Texas.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 19, Alcoholic Beverage Code, by adding Section
19.05, as follows: 

Sec. 19.05.  ALE AND MALT LIQUOR FOR EXPORT.  (a)  Provides that, in this
section, "ale or malt liquor for export" means ale or malt liquor a
wholesaler holds for export to another state in which the wholesaler has
been assigned a territory for the distribution and sale of the ale or malt
liquor.  Provides that the term includes ale and malt liquor that is
illegal to sell in this state because of alcohol content, containers,
packages, or labels. 

(b)  Authorizes the holder of a wholesaler's permit who receives ale or
malt liquor for export from the holder of a brewer's or nonresident
brewer's permit to:  store the ale or malt liquor for export at the
wholesaler's premises; transport the ale or malt liquor for export outside
the state in the wholesaler's own vehicles; or deliver the ale or malt
liquor for export to a common carrier for export and delivery outside the
state. 

(c)  Provides that the holder of a wholesaler's permit is not liable for
any state tax on the ale or malt liquor for export. 

(d)  Provides that Section 101.67 does not apply to ale or malt liquor for
export. 

SECTION 2.  Amends Chapter 20, Alcoholic Beverage Code, by adding Section
20.03, as follows: 

Sec. 20.03.  ALE AND MALT LIQUOR FOR EXPORT.  (a)  Provides that, in this
section, "ale or malt liquor for export" means ale or malt liquor a
wholesaler holds for export to another state in which the wholesaler has
been assigned a territory for the distribution and sale of the ale or malt
liquor.  Provides that the term includes ale and malt liquor that is
illegal to sell in this state because of alcohol content, containers,
packages, or labels. 

(b)  Authorizes the holder of a general class B wholesaler's permit who
receives ale or  malt liquor for export from the holder of a brewer's or
nonresident brewer's permit to: store the ale or malt liquor for export at
the wholesaler's premises; transport the ale or malt liquor for export
outside the state in the wholesaler's own vehicles; or deliver the ale or
malt liquor for export to a common carrier for export and delivery outside
the state. 

(c)  Provides that the holder of a general class B wholesaler's permit is
not liable for any state tax on the ale or malt liquor for export. 

(d)  Provides that Section 101.67 does not apply to ale or malt liquor for
export. 

SECTION 3.  Amends Chapter 21, Alcoholic Beverage Code, by adding Section
21.03, as follows: 

Sec. 21.03.  ALE AND MALT LIQUOR FOR EXPORT.  (a)  Provides that, in this
section, "ale or malt liquor for export" means ale or malt liquor a
wholesaler holds for export to another state in which the wholesaler has
been assigned a territory for the distribution and sale of the ale or malt
liquor.  Provides that the term includes ale and malt liquor that is
illegal to sell in this state because of alcohol content, containers,
packages, or labels. 

(b)  Authorizes the holder of a local class B wholesaler's permit who
receives malt liquor or ale for export from the holder of a brewer's or
nonresident brewer's permit to: store the ale or malt liquor for export at
the wholesaler's premises; transport the ale or malt liquor for export
outside the state in the wholesaler's own vehicles; or deliver the ale or
malt liquor for export to a common carrier for export and delivery outside
the state. 

(c)  Provides that the holder of a local class B wholesaler's permit is
not liable for any state tax on the ale or malt liquor for export. 

(d)  Provides that Section 101.67 does not apply to ale or malt liquor for
export. 

SECTION 4.  Amends Chapter 64, Alcoholic Beverage Code, by adding Section
64.09, as follows: 

Sec. 64.09.  BEER FOR EXPORT.  (a)  Provides that, in this section, "beer
for export" means beer a distributor holds for export to another state in
which the distributor has been assigned a territory for the distribution
and sale of the beer.  Provides that the term includes beer that is
illegal to sell in this state because of alcohol content, containers,
packages, or labels. 

(b)  Authorizes the holder of a general distributor's license who receives
beer for export from the holder of a manufacturer's or nonresident
manufacturer's license to:  store the beer for export at the distributor's
premises; transport the beer for export outside the state in the
distributor's own vehicles; or deliver the beer for export to a common
carrier for export and delivery outside the state. 

(c)  Provides that the holder of a general distributor's license is not
liable for any state tax on the beer for export. 

(d)  Provides that Section 101.67 does not apply to beer for export.

SECTION 5.  Amends Chapter 65, Alcoholic Beverage Code, by adding Section
65.08, as follows: 

Sec. 65.08.  BEER FOR EXPORT.  (a)  Provides that, in this section, "beer
for export" means beer a distributor holds for export to another state in
which the distributor has been assigned a territory for the distribution
and sale of the beer.  Provides that the term includes beer that is
illegal to sell in this state because of alcohol content, containers,
packages, or labels. 
 
(b)  Authorizes the holder of a local distributor's license who receives
beer for export from the holder of a manufacturer's or nonresident
manufacturer's license to:  store the beer for export at the distributor's
premises; transport the beer for export outside the state in the
distributor's own vehicles; or deliver the beer for export to a common
carrier for export and delivery outside the state. 

(c)  Provides that the holder of a local distributor's license is not
liable for any state tax on the beer for export. 

(d)  Provides that Section 101.67 does not apply to beer for export.

SECTION 6.  Amends Chapter 66, Alcoholic Beverage Code, by adding Section
66.11, as follows: 

Sec. 66.11.  BEER FOR EXPORT.  (a)  Provides that, in this section, "beer
for export" means beer a distributor holds for export to another state in
which the distributor has been assigned a territory for the distribution
and sale of the beer.  Provides that the term includes beer that is
illegal to sell in this state because of alcohol content, containers,
packages, or labels. 

(b)  Authorizes the holder of a branch distributor's license who receives
beer for export from the holder of a manufacturer's or nonresident
manufacturer's license to:  store the beer for export at the distributor's
premises; transport the beer for export outside the state in the
distributor's own vehicles; or deliver the beer for export to a common
carrier for export and delivery outside the state. 

(c)  Provides that the holder of a branch distributor's license is not
liable for any state tax on the beer for export. 

(d)  Provides that Section 101.67 does not apply to beer for export.

SECTION 7.  Effective date:  September 1, 2003.