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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of malt beverages by certain brewers to |
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ultimate consumers for on- and off-premises consumption; providing |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 62, Alcoholic Beverage Code, as |
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effective September 1, 2021, is amended by adding Section 62.123 to |
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read as follows: |
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Sec. 62.123. SALES BY CERTAIN HISTORIC BREWERS TO |
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CONSUMERS. (a) This section applies only to the holder of a |
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brewer's license: |
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(1) who has continuously operated a brewery producing |
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malt beverages since 1934 at a location included in a licensed |
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premises of the brewer: |
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(A) located in: |
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(i) a county with a population of not more |
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than 20,000; and |
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(ii) a municipality with a population of |
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not more than 2,500; and |
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(B) all or part of which is designated as a |
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landmark of historical significance by the Texas State Historical |
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Survey Committee or the Texas Historical Commission; and |
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(2) who brews, bottles, packages, and labels malt |
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beverages on those licensed premises. |
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(b) The holder of a brewer's license described by Subsection |
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(a) may sell malt beverages brewed, bottled, packaged, and labeled |
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on the premises described by Subsection (a) to ultimate consumers |
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on those premises: |
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(1) for responsible consumption on those premises; or |
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(2) subject to Subsection (c), for off-premises |
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consumption. |
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(c) Sales to a consumer under this section for off-premises |
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consumption are limited to 144 fluid ounces of malt beverages per |
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calendar day. |
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(d) The total sales of malt beverages to ultimate consumers |
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under this section at the same premises may not exceed 3,000 barrels |
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annually. |
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(e) A holder of a brewer's license who sells malt beverages |
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to ultimate consumers under this section: |
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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 malt beverages the license |
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holder sells on the brewer's premises from the holder of a license |
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issued under Chapter 64 or 66; and |
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(3) with respect to those purchases, must comply with |
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the requirements of this code governing dealings between a |
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distributor and a member of the retail tier, including Sections |
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61.73 and 102.31. |
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(f) The commission: |
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(1) may require the holder of a brewer's license who |
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sells malt beverages to ultimate consumers under this section to |
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report to the commission each month, in the manner prescribed by the |
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commission, the total amounts of malt beverages sold by the license |
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holder under this section during the preceding month for: |
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(A) responsible consumption on the brewer's |
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premises; and |
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(B) off-premises consumption, as authorized by |
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Subsection (b); |
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(2) by rule shall adopt a simple form for a report |
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required under Subdivision (1); and |
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(3) shall maintain reports received under this |
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subsection for public review. |
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(g) The commission may impose an administrative penalty |
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against a license holder who violates Subsection (c) or fails to |
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comply with a requirement established by the commission under |
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Subsection (f). The commission shall adopt rules establishing: |
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(1) the amount of an administrative penalty under this |
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subsection; and |
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(2) the procedures for imposing an administrative |
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penalty under this subsection. |
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SECTION 2. This Act takes effect September 1, 2021. |