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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 and the sale of those malt beverages. |
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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 produced on the |
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premises where the malt beverage is produced and may not be |
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considered to be produced on the premises to which the malt beverage |
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is transported. |
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(e) Notwithstanding Subsection (d), the holder of a |
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brewer's license to whose licensed premises malt beverages have |
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been transported under this section may sell the transported malt |
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beverages: |
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(1) to ultimate consumers in the manner provided by |
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Section 62.122(a); and |
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(2) in this state to the holders of general and branch |
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distributor's licenses and to qualified persons outside the state |
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as provided by Section 62.01(a)(1). |
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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) The owner of |
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two or more licensed retail premises may not exchange or transport |
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malt beverages between them unless all of the conditions set out in |
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Section 24.04 are met, except that malt beverages may be |
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transferred between two licensed retail premises that are both |
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covered by package store permits as provided in Section 22.08. |
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(b) This section does not apply to malt beverages |
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transferred between 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. Section 74.08, Alcoholic Beverage Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) In addition to the activities authorized by Section |
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74.01, the holder of a brewpub license [who holds a wine and malt |
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beverage retailer's permit and whose sale of malt beverages |
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consists only of malt beverages brewed on the brewpub's premises] |
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may sell malt beverages produced under the license to: |
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(1) those retailers to whom the holder of a general |
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distributor's license may sell malt beverages under Section 64.01; |
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or |
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(2) qualified persons to whom the holder of a general |
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distributor's license may sell malt beverages for shipment and |
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consumption outside the state under Section 64.01. |
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(e) The holder of a brewpub license to whose brewpub |
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premises malt beverages have been transported under Section 74.12 |
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may: |
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(1) sell or offer without charge, on the brewpub's |
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premises, to ultimate consumers for consumption on or off those |
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premises, the transported malt beverages, to the extent the sales |
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or offers are allowed under the holder's other permits or licenses; |
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and |
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(2) sell the transported malt beverages to: |
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(A) those retailers to whom the holder of a |
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general distributor's license may sell malt beverages under Section |
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64.01; or |
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(B) qualified persons to whom the holder of a |
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general distributor's license may sell malt beverages for shipment |
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and consumption outside the state under Section 64.01. |
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SECTION 4. 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 Section 74.03, a malt beverage |
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transported under this section is considered to be brewed by the |
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brewpub where the malt beverage is brewed and may not be considered |
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to be brewed by the brewpub to which the malt beverage is |
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transported. |
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SECTION 5. This Act takes effect September 1, 2025. |