82R2916 AJA-F
 
  By: Villarreal H.B. No. 660
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of malt liquor, ale, and beer by the holder of a
  brewpub license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 74.01(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  A holder of a brewpub license for a brewpub located in a
  wet area, as that term is described by Section 251.71 [of this
  code], may:
               (1)  manufacture, brew, bottle, can, package, and label
  malt liquor, ale, and beer;
               (2)  sell or offer without charge, on the premises of
  the brewpub, to ultimate consumers for consumption on or off those
  premises, malt liquor, ale, or beer produced by the holder, in or
  from a lawful container, to the extent the sales or offers are
  allowed under the holder's other permits or licenses; [and]
               (3)  sell food on the premises of the holder's
  breweries;
               (4)  sell malt liquor and ale to wholesale permit
  holders in this state or to qualified persons outside this state;
  and
               (5)  sell beer to holders of general, local, or branch
  distributor's licenses in this state or to qualified persons
  outside this state.
         SECTION 2.  Section 74.03, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 74.03.  PRODUCTION LIMIT. (a)  The total annual
  production of malt liquor, ale, and beer by a holder of a brewpub
  license for sale to ultimate consumers for consumption on or off the
  license holder's licensed premises may not exceed 5,000 barrels for
  each licensed brewpub established, operated, or maintained by the
  holder in this state.
         (b)  The combined total annual production of malt liquor,
  ale, and beer for all licensed brewpubs established, operated, or
  maintained by the holder of a brewpub license in this state may not
  exceed 75,000 barrels.
         SECTION 3.  Chapter 74, Alcoholic Beverage Code, is amended
  by adding Section 74.08 to read as follows:
         Sec. 74.08.  SALES BY CERTAIN BREWPUB LICENSE HOLDERS. (a)  
  In addition to the activities authorized by Section 74.01, the
  holder of a brewpub license whose total annual production of malt
  liquor, ale, and beer at a licensed brewpub in this state does not
  exceed 10,000 barrels may:
               (1)  sell malt liquor or ale produced under the license
  to those persons to whom the holder of a general class B
  wholesaler's permit may sell malt liquor or ale under Section
  20.01; and
               (2)  sell beer produced under the license to those
  persons to whom the holder of a general distributor's license may
  sell beer under Section 64.01.
         (b)  With regard to a sale under Subsection (a)(1), the
  brewpub license holder has the same authority and is subject to the
  same requirements that apply to a sale made by the holder of a
  general class B wholesaler's permit.
         (c)  With regard to a sale under Subsection (a)(2), the
  brewpub license holder has the same authority and is subject to the
  same requirements that apply to a sale made by the holder of a
  general distributor's license.
         SECTION 4.  Section 74.01(f), Alcoholic Beverage Code, is
  repealed.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.