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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of territorial limits on the distribution |
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and sale of ale, malt liquor, and beer and certain related |
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provisions governing relations between malt beverage manufacturers |
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and distributors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.052(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) A holder of a brewer's permit who under Subsection (c) |
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sells ale produced on the brewer's premises under the permit to |
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ultimate consumers on the brewer's premises for responsible |
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consumption on the brewer's premises: |
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(1) [shall file a territorial agreement with the
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commission under Subchapters C and D, Chapter 102;
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[(2)] must purchase any ale the permit holder sells on |
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the brewer's premises from the holder of a permit issued under |
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Chapter 19, 20, or 21; and |
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(2) [(3)] with respect to those purchases, must comply |
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with the requirements of this code governing dealings between a |
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distributor or wholesaler and a member of the retail tier, |
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including Section 102.31. |
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SECTION 2. Section 62.122(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) A holder of a manufacturer's license who under |
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Subsection (c) sells beer produced on the manufacturer's premises |
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under the license to ultimate consumers on the manufacturer's |
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premises for responsible consumption on the manufacturer's |
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premises: |
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(1) [shall file a territorial agreement with the
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commission under Subchapters C and D, Chapter 102;
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[(2)] must purchase any beer the license holder sells |
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on the manufacturer's premises from the holder of a license issued |
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under Chapter 64, 65, or 66; and |
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(2) [(3)] with respect to those purchases, must comply |
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with the requirements of this code governing dealings between a |
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distributor or wholesaler and a member of the retail tier, |
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including Sections 61.73 and 102.31. |
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SECTION 3. Section 73.011(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) A holder of an agent's beer license who is an employee or |
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agent of a manufacturer's licensee or a nonresident manufacturer's |
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licensee may not represent that the holder is the agent of or is |
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acting on behalf of a licensed distributor. [An agent may not
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engage in conduct that is prohibited by Section 102.75 of this code
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or other provisions of this code.] |
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SECTION 4. Section 109.62(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) The alternate location must be in an area where the sale |
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of the applicable alcoholic beverages has been approved by a local |
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option election or where the distributor or wholesaler had been |
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operating under Section 251.77 or 251.78. [If beer, ale, or malt
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liquor is handled at the alternate location, the alternate location
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must be in the area assigned to the distributor or wholesaler under
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Subchapters C and D, Chapter 102.] |
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SECTION 5. The following provisions of the Alcoholic |
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Beverage Code are repealed: |
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(1) Section 55.01(b); |
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(2) Section 64.07(c); |
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(3) Section 74.09(b); |
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(4) Section 74.10; and |
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(5) Subchapters C and D, Chapter 102. |
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SECTION 6. This Act takes effect September 1, 2019. |