| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authorized activities of a manufacturer's agent's |
|
|
warehousing permit holder. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 55.01(a), (b), and (c), Alcoholic |
|
|
Beverage Code, as effective September 1, 2021, are amended to read |
|
|
as follows: |
|
|
(a) The holder of a manufacturer's agent's warehousing |
|
|
permit may: |
|
|
(1) receive alcoholic [malt] beverages from any |
|
|
license or permit holder that is authorized to sell the alcoholic |
|
|
beverages to licensed or permitted wholesalers or distributors in |
|
|
this state [the holder of a nonresident brewer's license] and store |
|
|
the alcoholic beverages on the permitted premises; |
|
|
(2) ship, cause to be shipped, sell, and otherwise |
|
|
transfer the alcoholic [malt] beverages to licensed or permitted |
|
|
wholesalers or distributors in this state who are authorized to |
|
|
receive the alcoholic beverages and to persons outside this state |
|
|
who are qualified to receive the alcoholic [malt] beverages under |
|
|
the regulatory laws of the state or other jurisdiction in which the |
|
|
alcoholic [malt] beverages are received; [and] |
|
|
(3) return alcoholic [malt] beverages to the license |
|
|
or permit holder [brewer] from which they were originally received; |
|
|
and |
|
|
(4) unpack, repack, or co-pack the alcoholic beverages |
|
|
in any combination or configuration. |
|
|
(b) The holder of a manufacturer's agent's warehousing |
|
|
permit may ship malt beverages only to distributors in this state |
|
|
who have been issued a territorial designation by the [actual] |
|
|
brewer or the primary source of American supply of the brand or |
|
|
brands to be shipped. This territorial designation for the sale of |
|
|
malt beverages must be under and a part of the agreement entered |
|
|
into between the [actual] brewer or the primary source of American |
|
|
supply of the brand and the distributor under Subchapters C and D, |
|
|
Chapter 102. This chapter does not affect the requirement that the |
|
|
[actual] brewer or the primary source of American supply, and the |
|
|
agreement between the [actual] brewer or the primary source of |
|
|
American supply and the distributor, comply with Subchapters C and |
|
|
D, Chapter 102. |
|
|
(c) Alcoholic [Malt] beverages received at premises |
|
|
permitted under this chapter that are not labeled and approved for |
|
|
sale in this state may be held and stored at the premises and may be |
|
|
shipped from the premises if the alcoholic [malt] beverages are |
|
|
consigned and transported to qualified persons in other states or |
|
|
jurisdictions where their sale is legal. |
|
|
SECTION 2. Section 55.03, Alcoholic Beverage Code, as |
|
|
effective September 1, 2021, is amended to read as follows: |
|
|
Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's |
|
|
agent's warehousing permit may be issued to an entity: |
|
|
(1) that receives alcoholic [malt] beverages from |
|
|
another entity, or that other entity's immediate successor in |
|
|
interest, that: |
|
|
(A) is located and chartered in the United |
|
|
Mexican States; |
|
|
(B) has held, for the two years preceding the |
|
|
date of the application: |
|
|
(i) a nonresident manufacturer's license, |
|
|
nonresident brewer's permit, and a nonresident seller's permit; |
|
|
(ii) a nonresident brewer's license and a |
|
|
nonresident seller's permit; or |
|
|
(iii) a combination of Subparagraph (i) and |
|
|
Subparagraph (ii); and |
|
|
(C) during each of those two years has shipped or |
|
|
caused to be shipped into this state for ultimate sale to qualified |
|
|
distributors and wholesalers in this state at least one-half |
|
|
million barrels of malt beverages of the various brands |
|
|
manufactured or brewed by the entity; and |
|
|
(2) whose employees, located in this state or |
|
|
elsewhere, perform the activities authorized under Chapters 36 and |
|
|
73 on behalf of the entity. |
|
|
SECTION 3. Section 55.05, Alcoholic Beverage Code, as |
|
|
effective September 1, 2021, is amended to read as follows: |
|
|
Sec. 55.05. REPORTING REQUIREMENTS. The commission shall |
|
|
require monthly reports from a permit holder under this chapter |
|
|
showing the brands, types, sizes of containers, and quantities of |
|
|
alcoholic [malt] beverages received at and shipped from the |
|
|
premises to persons authorized to receive them. The reports must |
|
|
conform in all respects to the requirements and forms prescribed by |
|
|
the commission and contain any other information required by the |
|
|
commission. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |