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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a nonresident brewer's or nonresident |
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manufacturer's agent's permit; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 57 to read as follows: |
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CHAPTER 57. NONRESIDENT BREWER'S OR NONRESIDENT MANUFACTURER'S |
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AGENT'S PERMIT |
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Sec. 57.001. AUTHORIZED ACTIVITIES. The holder of a |
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nonresident brewer's or nonresident manufacturer's agent's permit |
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may: |
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(1) represent one or more: |
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(A) nonresident brewers; and |
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(B) nonresident manufacturers; and |
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(2) on behalf of a nonresident brewer or nonresident |
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manufacturer whom the permit holder represents: |
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(A) perform any activity the nonresident brewer |
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or nonresident manufacturer whom the permit holder represents could |
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perform in this state; and |
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(B) apply for a permit, license, or other |
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authorization required by the commission. |
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Sec. 57.002. FEE. The annual state fee for a nonresident |
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brewer's or nonresident manufacturer's agent's permit is $2,500. |
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Sec. 57.003. ELIGIBILITY. A nonresident brewer's or |
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nonresident manufacturer's agent's permit may be issued only to a |
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person who holds a nonresident seller's permit under Chapter 37. |
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Sec. 57.004. RESTRICTION AS TO REPRESENTATION. (a) A |
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holder of a nonresident brewer's or nonresident manufacturer's |
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agent's permit may not represent a nonresident brewer or a |
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nonresident manufacturer unless the permit holder is the primary |
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American source of supply for a product produced by the nonresident |
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brewer or nonresident manufacturer. |
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(b) In this section, "primary American source of supply" |
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means the nonresident brewer or nonresident manufacturer or the |
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exclusive agent of the nonresident brewer or nonresident |
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manufacturer. To be the "primary American source of supply" the |
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nonresident brewer's or nonresident manufacturer's agent must be |
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the first source, that is, the brewer or manufacturer or the source |
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closest to the brewer or manufacturer, in the channel of commerce |
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from whom the product can be secured by Texas wholesalers and |
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distributors. |
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Sec. 57.005. AUTHORIZATION BY NONRESIDENT BREWER OR |
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NONRESIDENT MANUFACTURER REQUIRED. A nonresident brewer's or |
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nonresident manufacturer's agent's permit may not be issued to a |
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person unless the person shows to the satisfaction of the |
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commission that the person has been authorized to act as the agent |
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of a nonresident brewer or nonresident manufacturer the person |
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proposes to represent. |
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Sec. 57.006. OTHER LAW NOT AFFECTED. Nothing in this |
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chapter affects a territorial agreement entered into under |
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Subchapter C, Chapter 102. |
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SECTION 2. This Act takes effect September 1, 2019. |