Amend CSHB 1545 (senate committee report) as follows:

(1)  Strike the recital to SECTION 214 of the bill (page 72, lines 68-69) and substitute the following:

SECTION 214.  (a)  Effective September 1, 2019, Section 62.122, Alcoholic Beverage Code, is amended by amending Subsections (a) and (e) and adding Subsections (a-1), (e-1), and (g) to read as follows:

(a)  A manufacturer's licensee whose annual production of beer, together with the annual production of ale by the holder of a brewer's permit at all premises wholly or partly owned, directly or indirectly, by the license holder or an affiliate or subsidiary of the license holder, does not exceed 225,000 barrels may sell beer produced on the manufacturer's premises under the license to ultimate consumers on the manufacturer's premises:

(1)  for responsible consumption on the manufacturer's premises; or

(2)  subject to Subsection (a-1), for off-premises consumption.

(e)  A holder of a manufacturer's license who under Subsection (c) sells beer produced on the manufacturer's premises under the license to ultimate consumers on the manufacturer's premises for responsible consumption on the manufacturer's premises:

(1)  shall file a territorial agreement with the commission under Subchapters C and D, Chapter 102;

(2)  must purchase any beer the license holder sells on the manufacturer's premises from the holder of a license issued under Chapter 64[, 65,] or 66; and

(3)  with respect to those purchases, must comply with the requirements of this code governing dealings between a distributor or wholesaler and a member of the retail tier, including Sections 61.73 and 102.31.

(b)  Effective September 1, 2021, Section 62.122, Alcoholic Beverage Code, is amended by amending Subsections (a), (b), (c), and (e) and adding Subsections (a-1), (e-1), and (g) to read as follows:

(2)  In SECTION 214 of the bill, in amended Section 62.122(a), Alcoholic Beverage Code (page 73, lines 9-10), strike "premises for responsible consumption on the brewer's [manufacturer's] premises." and substitute the following:

premises:

(1)  for responsible consumption on the brewer's [manufacturer's] premises; or

(2)  subject to Subsection (a-1), for off-premises consumption.

(3)  In SECTION 214 of the bill, immediately following amended Section 62.122(e), Alcoholic Beverage Code (page 73, between lines 46 and 47), insert the following:

(4)  Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:

SECTION ____.  The legislature finds that:

(1)  the state is authorized under the Twenty-first Amendment to the United States Constitution to promote the public's interest in the fair, efficient, and competitive marketing of beer, ale, and malt liquor in this state;

(2)  the United States Supreme Court in Granholm v. Heald, 544 U.S. 460 (2005), has recognized that the three-tier system of regulating the alcoholic beverage industry is unquestionably legitimate;

(3)  in Granholm, the United States Supreme Court further recognized that while the states are entitled to regulate the production and sales of liquor within their borders, the right is nonetheless subject to the provisions of the Constitution of the United States, including the Interstate Commerce Clause, and laws regulating the alcoholic beverage industry may not discriminate against out-of-state participants or give undue deference to local participants and may not ignore other provisions of the Constitution, including the Supremacy Clause, Commerce Clause, and the Privileges and Immunities Clause with its nondiscriminatory principles;

(4)  the state is authorized to promote, market, and educate consumers about the emerging small brewing industry;

(5)  it is in the state's interest to encourage entrepreneurial and small business development opportunities in the state that will lead to new capital investment in the state, create new jobs in the state, and expand the state and local tax base; and

(6)  it is the public policy of the state to exercise the police power of the state to protect the welfare, health, peace, temperance, and safety of the people of Texas.

SECTION ____.  Effective September 1, 2019, Section 12.052, Alcoholic Beverage Code, is amended by amending Subsection (a) and adding Subsections (a-1), (e-1), and (g) to read as follows:

(a)  In addition to the activities authorized by Section 12.01, the holder of a brewer's permit whose annual production of ale, together with the annual production of beer by the holder of a manufacturer's license at all premises wholly or partly owned, directly or indirectly, by the permit holder or an affiliate or subsidiary of the permit holder, does not exceed a total of 225,000 barrels may sell ale produced on the brewer's premises under the permit to ultimate consumers on the brewer's premises:

(1)  for responsible consumption on the brewer's premises; or

(2)  subject to Subsection (a-1), for off-premises consumption.

SECTION ____.  (a)  Effective September 1, 2019, Subchapter D, Chapter 101, Alcoholic Beverage Code, is amended by adding Section 101.6701 to read as follows:

(b)  Effective September 1, 2021, Subchapter D, Chapter 101, Alcoholic Beverage Code, is amended by adding Section 101.6701 to read as follows:

SECTION ____.  (a)  Section 101.6701, Alcoholic Beverage Code, as added by this Act, effective September 1, 2019, applies only to the sale of malt beverages on or after September 1, 2019. The sale of malt beverages before September 1, 2019, is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

(b)  Section 101.6701, Alcoholic Beverage Code, as added by this Act, effective September 1, 2021, applies only to the sale of malt beverages on or after September 1, 2021. The sale of malt beverages before September 1, 2021, is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.