89R3583 CJC-D
 
  By: Middleton, Eckhardt S.B. No. 853
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from the mixed beverage gross receipts tax
  for the sale, preparation, or service of malt beverages produced by
  certain permit holders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 183, Tax Code, is amended
  by adding Section 183.0211 to read as follows:
         Sec. 183.0211.  EXEMPTION: CERTAIN MIXED BEVERAGES. (a)
  The tax imposed under Section 183.021 does not apply to the sale,
  preparation, or service of a malt beverage by a mixed beverage
  permittee who also holds a brewpub license if:
               (1)  the malt beverage is produced by the permittee on
  the premises of the brewpub and under the brewpub license; and
               (2)  the sale, preparation, or service occurs on the
  premises described by Subdivision (1).
         (b)  A person who claims an exemption under this section
  shall:
               (1)  keep records sufficient to demonstrate that the
  person is entitled to the exemption; and
               (2)  on request, provide to the comptroller the records
  described by Subdivision (1) and any other information reasonably
  necessary to determine whether the person is entitled to receive
  the exemption.
         SECTION 2.  The change in law made by this Act does not
  affect tax liability accruing before the effective date of this
  Act.  That liability continues in effect as if this Act had not been
  enacted, and the former law is continued in effect for the
  collection of taxes due and for civil and criminal enforcement of
  the liability for those taxes.
         SECTION 3.  This Act takes effect September 1, 2025.