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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain brewers and manufacturers to sell |
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beer and ale to ultimate consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.05, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 12.05. SALES BY CERTAIN BREWERS. (a) The holder of a |
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brewer's permit whose annual production of ale in this state does |
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not exceed, together with the annual production of beer by the |
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holder of a manufacturer's license acting under the authority of |
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Section 62.12 [of this code] at the same premises, a total of 75,000 |
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barrels, may: |
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(1) sell ale produced under the permit to those |
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persons to whom the holder of a general class B wholesaler's permit |
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may sell malt liquor under Section 20.01(3); and |
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(2) subject to Subsection (c), sell ale to ultimate |
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consumers: |
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(A) for consumption on the brewer's premises; or |
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(B) in unbroken packages for off-premises |
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consumption [of this code]. |
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(b) With regard to [such] a sale under Subsection (a)(1), |
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the brewer has the same authority and is subject to the same |
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requirements that apply to a sale made by the holder of a general |
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class B wholesaler's permit. |
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(c) Sales of ale under Subsection (a)(2), together with the |
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sales of beer by the holder of a manufacturer's license acting under |
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the authority of Section 62.12(a)(2) at the same premises, may not |
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exceed 5,000 barrels annually. |
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SECTION 2. Section 62.12, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 62.12. SALES BY CERTAIN MANUFACTURERS. (a) A |
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manufacturer's licensee whose annual production of beer in this |
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state, together with the annual production of ale by the holder of a |
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brewer's permit acting under the authority of Section 12.05 at the |
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same premises, does not exceed 75,000 barrels may: |
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(1) sell beer produced under the license to those |
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permittees, licensees, and persons to whom a general distributor's |
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licensee may sell beer under Section 64.01(a)(2); and |
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(2) subject to Subsection (a-2), sell beer to ultimate |
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consumers: |
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(A) for consumption on the manufacturer's |
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premises; or |
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(B) in unbroken packages for off-premises |
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consumption [64.01(2) of this code]. |
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(a-1) With regard to [such] a sale under Subsection (a)(1), |
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the manufacturer has the same authority and is subject to the same |
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requirements as apply to a sale made by a general distributor's |
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licensee. |
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(a-2) Sales of beer under Subsection (a)(2), together with |
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the sales of ale by the holder of a brewer's permit acting under the |
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authority of Section 12.05(a)(2) at the same premises, may not |
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exceed 5,000 barrels annually. |
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(b) The authority granted by this section is additional to |
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that granted by Section 62.01 [of this code]. |
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SECTION 3. This Act takes effect September 1, 2007. |