89R25343 SCF-D
 
  By: Phelan, Darby, Leo Wilson H.B. No. 4773
 
 
 
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 and the sale of those malt beverages.
         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 produced on the
  premises where the malt beverage is produced and may not be
  considered to be produced on the premises to which the malt beverage
  is transported.
         (e)  Notwithstanding Subsection (d), the holder of a
  brewer's license to whose licensed premises malt beverages have
  been transported under this section may sell the transported malt
  beverages:
               (1)  to ultimate consumers in the manner provided by
  Section 62.122(a); and
               (2)  in this state to the holders of general and branch
  distributor's licenses and to qualified persons outside the state
  as provided by Section 62.01(a)(1).
         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) The owner of
  two or more licensed retail premises may not exchange or transport
  malt beverages between them unless all of the conditions set out in
  Section 24.04 are met, except that malt beverages may be
  transferred between two licensed retail premises that are both
  covered by package store permits as provided in Section 22.08.
         (b)  This section does not apply to malt beverages
  transferred between two licensed brewpubs operating under the same
  general management or ownership as provided in Section 74.12.
         SECTION 3.  Section 74.08, Alcoholic Beverage Code, is
  amended by amending Subsection (a) and adding Subsection (e) to
  read as follows:
         (a)  In addition to the activities authorized by Section
  74.01, the holder of a brewpub license [who holds a wine and malt
  beverage retailer's permit and whose sale of malt beverages
  consists only of malt beverages brewed on the brewpub's premises]
  may sell malt beverages produced under the license to:
               (1)  those retailers to whom the holder of a general
  distributor's license may sell malt beverages under Section 64.01;
  or
               (2)  qualified persons to whom the holder of a general
  distributor's license may sell malt beverages for shipment and
  consumption outside the state under Section 64.01.
         (e)  The holder of a brewpub license to whose brewpub
  premises malt beverages have been transported under Section 74.12
  may:
               (1)  sell or offer without charge, on the brewpub's
  premises, to ultimate consumers for consumption on or off those
  premises, the transported malt beverages, to the extent the sales
  or offers are allowed under the holder's other permits or licenses;
  and
               (2)  sell the transported malt beverages to:
                     (A)  those retailers to whom the holder of a
  general distributor's license may sell malt beverages under Section
  64.01; or
                     (B)  qualified persons to whom the holder of a
  general distributor's license may sell malt beverages for shipment
  and consumption outside the state under Section 64.01.
         SECTION 4.  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 Section 74.03, a malt beverage
  transported under this section is considered to be brewed by the
  brewpub where the malt beverage is brewed and may not be considered
  to be brewed by the brewpub to which the malt beverage is
  transported.
         SECTION 5.  This Act takes effect September 1, 2025.