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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain malt beverages between two or |
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more licensed premises operating under the same general ownership |
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or management. |
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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, is amended |
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by adding Section 62.085 to read as follows: |
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Sec. 62.085. TRANSFER OF MALT BEVERAGES. (a) The holder of |
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a brewer's license may transfer malt beverages produced under the |
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license between any of the license holder's licensed brewery |
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premises, including a facility operating under an alternating |
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brewery proprietorship or contract brewing arrangement as provided |
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by Section 62.14, during the hours provided by Section 105.051, |
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subject to rules prescribed by the commission. |
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(b) The holder of a brewer's license may not transport malt |
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beverages under Subsection (a) unless: |
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(1) the license holder provides the commission with a |
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description, as required by the commission, of each motor vehicle |
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used by the license holder to transport malt beverages; and |
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(2) each motor vehicle is plainly marked or lettered |
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to indicate that it is being used by the license holder to transport |
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malt beverages. |
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(c) When transporting malt beverages under this section, |
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the holder of a brewer's license may not violate the motor carrier |
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laws of this state. |
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(d) For purposes of Section 62.122, a malt beverage |
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transported under this section is considered to be brewed on the |
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premises to which the malt beverage is transported. |
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SECTION 2. Section 69.11, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 69.11. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES |
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BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. (a) Except as |
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provided by Subsection (b), the [The] owner of two or more licensed |
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retail premises may not exchange or transport malt beverages |
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between them. |
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(b) Malt [unless all of the conditions set out in Section |
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24.04 are met, except that malt] beverages may be transferred |
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between: |
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(1) two licensed retail premises that are both covered |
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by wine only package store permits as provided in Section 24.04; |
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(2) two licensed retail premises that are both covered |
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by package store permits as provided in Section 22.08; or |
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(3) two licensed brewpubs operating under the same |
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general management or ownership as provided in Section 74.12. |
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SECTION 3. Chapter 74, Alcoholic Beverage Code, is amended |
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by adding Section 74.12 to read as follows: |
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Sec. 74.12. TRANSFER OF BEVERAGES. (a) The holder of a |
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brewpub license operating more than one brewpub as authorized by |
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Section 74.01(b) may transfer malt beverages brewed under the |
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license between any of the license holder's brewpubs during the |
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hours provided by Section 105.051, subject to rules prescribed by |
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the commission. |
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(b) The holder of a brewpub license may not transport malt |
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beverages under Subsection (a) unless: |
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(1) the license holder provides the commission with a |
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description, as required by the commission, of each motor vehicle |
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used by the license holder to transport malt beverages; and |
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(2) each motor vehicle is plainly marked or lettered |
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to indicate that it is being used by the license holder to transport |
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malt beverages. |
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(c) When transporting malt beverages under this section, |
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the holder of a brewpub license may not violate the motor carrier |
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laws of this state. |
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(d) For purposes of Sections 74.03 and 74.08, a malt |
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beverage transported under this section is considered to be brewed |
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by the brewpub to which the malt beverage is transported. |
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SECTION 4. This Act takes effect September 1, 2023. |