| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of a nonresident brewer and nonresident |
|
|
manufacturer agent permit; authorizing a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 3, Subtitle A, Texas Alcoholic Beverage |
|
|
Code, is amended by adding new Chapter 57 to read as follows: |
|
|
Chapter 57. NONRESIDENT BREWERS AGENT OR NONRESIDENT MANUFACTURERS |
|
|
AGENT PERMIT |
|
|
Sec. 57.01. AUTHORIZED ACTIVITES. The holder of a |
|
|
nonresident brewer's agent permit or a nonresident manufacturer's |
|
|
agent permit may: |
|
|
1. represent nonresident brewers or nonresident |
|
|
manufacturers located outside the United States; |
|
|
2. perform any activity that the nonresident brewer or |
|
|
nonresident manufacturer could perform in this state; |
|
|
3. file for any permit, license, or other approval |
|
|
required by the agency on behalf of the nonresident brewer or |
|
|
nonresident manufacturer. |
|
|
Sec. 57.02. FEE. The annual fee for a nonresident brewer's |
|
|
agent permit or nonresident manufacturer's agent permit is $2500. |
|
|
Sec. 57.03. ELIGIBILITY. (a) An applicant for a permit |
|
|
under this chapter must: |
|
|
1. be a current holder of a nonresident sellers permit |
|
|
under Chapter 37; and |
|
|
2. |
|
|
be the primary American source of supply for beer or |
|
|
ale brewed or manufactured outside the United States. |
|
|
(b) In this section, "primary American source of supply" |
|
|
means the nonresident brewer or nonresident manufacturer of ale or |
|
|
beer produced outside of the United States, or the exclusive agent |
|
|
of either of those. To be the "primary American source of supply" |
|
|
the nonresident seller must be the first source, that is, the brewer |
|
|
or manufacturer or the source closest to the brewer or |
|
|
manufacturer, in the channel of commerce from whom the product can |
|
|
be secured by Texas wholesalers or distributors. |
|
|
Sec. 57.04. EVIDENCE OF AGENCY REQUIRED. A permit may not |
|
|
be issued to a nonresident seller under this section until the |
|
|
seller shows to the satisfaction of the agency that it is authorized |
|
|
to act as the agent of a nonresident brewer or nonresident |
|
|
manufacturer as described by this chapter. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |