By: Eltife  S.B. No. 1652
         (In the Senate - Filed March 13, 2015; March 23, 2015, read
  first time and referred to Committee on Business and Commerce;
  April 30, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0, 1 present not
  voting; April 30, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1652 By:  Taylor of Galveston
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to allowing the holder of a brewpub license to sell beer,
  ale, and malt liquor to certain wholesalers, distributors, and
  qualified persons outside the state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 19.01, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 19.01.  AUTHORIZED ACTIVITIES. The holder of a
  wholesaler's permit may:
               (1)  purchase and import liquor from distillers,
  brewers, wineries, wine bottlers, rectifiers, and manufacturers
  who are holders of nonresident seller's permits or from their
  agents who hold manufacturer's agents permits;
               (2)  purchase ale and malt liquor from holders of
  brewpub licenses;
               (3)  purchase liquor from other wholesalers in the
  state;
               (4) [(3)]  sell liquor in the original containers in
  which it is received to retailers and wholesalers in this state
  authorized to sell the liquor;
               (5) [(4)]  sell liquor to qualified persons outside the
  state; and
               (6) [(5)]  sell ale and malt liquor to a holder of a
  private club registration permit.
         SECTION 2.  Section 21.01, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 21.01.  AUTHORIZED ACTIVITIES. The holder of a local
  class B wholesaler's permit may:
               (1)  purchase and import malt and vinous liquors from
  brewers, wineries, rectifiers, and wine manufacturers and bottlers
  who are holders of nonresident seller's permits and from their
  agents who are holders of manufacturer's agent permits;
               (2)  purchase malt and vinous liquors from holders of
  brewer's permits, holders of brewpub licenses, and [from] other
  wholesalers in the state;
               (3)  sell the malt and vinous liquors, in the original
  containers in which the permit holder [he] receives them, to
  general and local class B wholesaler's permittees and, in the
  permit holder's [his] county of residence, to local distributor's
  permittees and retailers, including mixed beverage permittees and
  daily temporary mixed beverage permittees; and
               (4)  sell ale and malt liquor to a holder of a private
  club registration permit.
         SECTION 3.  Section 65.01(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  The holder of a local distributor's license may:
               (1)  receive beer in unbroken original packages from
  manufacturers and brewpubs and from general, branch, or local
  distributors;
               (2)  sell and distribute beer in the unbroken original
  packages in which it is received:
                     (A)  to the following, if located in the county of
  the licensee's residence:  local distributor permittees,
  permittees or licensees authorized to sell to ultimate consumers,
  private club registration permittees, authorized outlets located
  on any installation of the national military establishment, or
  qualified persons for shipment and consumption outside the state;
  or
                     (B)  to other licensed distributors in the state;
  and
               (3)  serve free beer for consumption on the licensed
  premises.
         SECTION 4.  Section 74.09(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  In addition to the activities authorized by Section
  74.01, the holder of a brewpub license may sell beer produced under
  the license to the holder of a general, local, or branch
  distributor's license or to qualified distributors outside the
  state.
         SECTION 5.  Section 74.10(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  In addition to the activities authorized by Section
  74.01, the holder of a brewpub license may sell ale and malt liquor
  to the holder of a wholesaler's permit, a general class B
  wholesaler's permit, or a local class B wholesaler's permit or to
  qualified wholesalers outside the state.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
 
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