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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing the holder of a brewpub license to sell beer, |
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ale, and malt liquor to certain wholesalers, distributors, and |
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qualified persons outside the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 19.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a |
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wholesaler's permit may: |
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(1) purchase and import liquor from distillers, |
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brewers, wineries, wine bottlers, rectifiers, and manufacturers |
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who are holders of nonresident seller's permits or from their |
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agents who hold manufacturer's agents permits; |
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(2) purchase ale and malt liquor from holders of |
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brewpub licenses; |
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(3) purchase liquor from other wholesalers in the |
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state; |
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(4) [(3)] sell liquor in the original containers in |
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which it is received to retailers and wholesalers in this state |
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authorized to sell the liquor; |
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(5) [(4)] sell liquor to qualified persons outside the |
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state; and |
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(6) [(5)] sell ale and malt liquor to a holder of a |
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private club registration permit. |
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SECTION 2. Section 21.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 21.01. AUTHORIZED ACTIVITIES. The holder of a local |
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class B wholesaler's permit may: |
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(1) purchase and import malt and vinous liquors from |
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brewers, wineries, rectifiers, and wine manufacturers and bottlers |
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who are holders of nonresident seller's permits and from their |
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agents who are holders of manufacturer's agent permits; |
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(2) purchase malt and vinous liquors from holders of |
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brewer's permits, holders of brewpub licenses, and [from] other |
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wholesalers in the state; |
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(3) sell the malt and vinous liquors, in the original |
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containers in which the permit holder [he] receives them, to |
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general and local class B wholesaler's permittees and, in the |
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permit holder's [his] county of residence, to local distributor's |
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permittees and retailers, including mixed beverage permittees and |
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daily temporary mixed beverage permittees; and |
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(4) sell ale and malt liquor to a holder of a private |
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club registration permit. |
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SECTION 3. Section 65.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The holder of a local distributor's license may: |
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(1) receive beer in unbroken original packages from |
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manufacturers and brewpubs and from general, branch, or local |
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distributors; |
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(2) sell and distribute beer in the unbroken original |
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packages in which it is received: |
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(A) to the following, if located in the county of |
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the licensee's residence: local distributor permittees, |
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permittees or licensees authorized to sell to ultimate consumers, |
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private club registration permittees, authorized outlets located |
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on any installation of the national military establishment, or |
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qualified persons for shipment and consumption outside the state; |
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or |
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(B) to other licensed distributors in the state; |
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and |
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(3) serve free beer for consumption on the licensed |
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premises. |
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SECTION 4. Section 74.09(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) In addition to the activities authorized by Section |
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74.01, the holder of a brewpub license may sell beer produced under |
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the license to the holder of a general, local, or branch |
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distributor's license or to qualified distributors outside the |
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state. |
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SECTION 5. Section 74.10(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) In addition to the activities authorized by Section |
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74.01, the holder of a brewpub license may sell ale and malt liquor |
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to the holder of a wholesaler's permit, a general class B |
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wholesaler's permit, or a local class B wholesaler's permit or to |
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qualified wholesalers outside the state. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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* * * * * |