88R8299 SCP-D
 
  By: Harris of Anderson H.B. No. 2885
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of certain malt beverages between two or
  more licensed premises operating under the same general ownership
  or management.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 62, Alcoholic Beverage Code, is amended
  by adding Section 62.085 to read as follows:
         Sec. 62.085.  TRANSFER OF MALT BEVERAGES. (a) The holder of
  a brewer's license may transfer malt beverages produced under the
  license between any of the license holder's licensed brewery
  premises, including a facility operating under an alternating
  brewery proprietorship or contract brewing arrangement as provided
  by Section 62.14, during the hours provided by Section 105.051,
  subject to rules prescribed by the commission.
         (b)  The holder of a brewer's license may not transport malt
  beverages under Subsection (a) unless:
               (1)  the license holder provides the commission with a
  description, as required by the commission, of each motor vehicle
  used by the license holder to transport malt beverages; and
               (2)  each motor vehicle is plainly marked or lettered
  to indicate that it is being used by the license holder to transport
  malt beverages.
         (c)  When transporting malt beverages under this section,
  the holder of a brewer's license may not violate the motor carrier
  laws of this state.
         (d)  For purposes of Section 62.122, a malt beverage
  transported under this section is considered to be brewed on the
  premises to which the malt beverage is transported.
         SECTION 2.  Section 69.11, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 69.11.  EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES
  BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. (a) Except as
  provided by Subsection (b), the [The] owner of two or more licensed
  retail premises may not exchange or transport malt beverages
  between them.
         (b)  Malt [unless all of the conditions set out in Section
  24.04 are met, except that malt] beverages may be transferred
  between:
               (1)  two licensed retail premises that are both covered
  by wine only package store permits as provided in Section 24.04;
               (2)  two licensed retail premises that are both covered
  by package store permits as provided in Section 22.08; or
               (3)  two licensed brewpubs operating under the same
  general management or ownership as provided in Section 74.12.
         SECTION 3.  Chapter 74, Alcoholic Beverage Code, is amended
  by adding Section 74.12 to read as follows:
         Sec. 74.12.  TRANSFER OF BEVERAGES. (a) The holder of a
  brewpub license operating more than one brewpub as authorized by
  Section 74.01(b) may transfer malt beverages brewed under the
  license between any of the license holder's brewpubs during the
  hours provided by Section 105.051, subject to rules prescribed by
  the commission.
         (b)  The holder of a brewpub license may not transport malt
  beverages under Subsection (a) unless:
               (1)  the license holder provides the commission with a
  description, as required by the commission, of each motor vehicle
  used by the license holder to transport malt beverages; and
               (2)  each motor vehicle is plainly marked or lettered
  to indicate that it is being used by the license holder to transport
  malt beverages.
         (c)  When transporting malt beverages under this section,
  the holder of a brewpub license may not violate the motor carrier
  laws of this state.
         (d)  For purposes of Sections 74.03 and 74.08, a malt
  beverage transported under this section is considered to be brewed
  by the brewpub to which the malt beverage is transported.
         SECTION 4.  This Act takes effect September 1, 2023.