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AN ACT
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relating to the distribution of beer by certain manufacturers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) the state is authorized under the Twenty-first |
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Amendment of the United States Constitution to promote the public's |
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interest in the fair, efficient, and competitive marketing of beer |
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in this state; |
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(2) the United States Supreme Court in Granholm v. |
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Heald, 544 U.S. 460 (2005), has recognized that the three-tier |
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system of regulating the alcoholic beverage industry is |
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unquestionably legitimate; |
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(3) in Granholm, the United States Supreme Court |
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further recognized that while the states are entitled to regulate |
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the production and sale of liquor within their borders, the right is |
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nonetheless subject to the provisions of the Constitution of the |
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United States, including the Interstate Commerce Clause, and laws |
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regulating the alcoholic beverage industry may not discriminate |
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against out-of-state participants or give undue deference to local |
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participants and may not ignore other provisions of the |
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constitution, including the Supremacy Clause, Commerce Clause, and |
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the Privileges and Immunities Clause with its nondiscriminatory |
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principles; |
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(4) the state is authorized to promote, market, and |
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educate consumers about the emerging small brewing industry; |
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(5) it is in the state's interest to encourage |
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entrepreneurial and small business development opportunities in |
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the state that will lead to new capital investment in the state, |
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create new jobs in the state, and expand the state and local tax |
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base; and |
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(6) it is the public policy of the state to exercise |
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the police power of the state to protect the welfare, health, peace, |
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temperance, and safety of the people of Texas. |
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SECTION 2. Subtitle B, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 62A to read as follows: |
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CHAPTER 62A. MANUFACTURER'S SELF-DISTRIBUTION LICENSE |
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Sec. 62A.01. ELIGIBILITY FOR LICENSE. A manufacturer's |
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self-distribution license may be issued only to the holder of a |
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manufacturer's license under Chapter 62 or the holder of a |
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nonresident manufacturer's license under Chapter 63. |
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Sec. 62A.02. AUTHORIZED ACTIVITIES. (a) A holder of a |
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manufacturer's self-distribution license whose annual production |
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of beer under the manufacturer's or nonresident manufacturer's |
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license, together with the annual production of ale by the holder of |
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a brewer's or nonresident brewer's permit at the same premises, does |
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not exceed 125,000 barrels may sell beer produced under the |
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manufacturer's or nonresident manufacturer's license to those |
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persons to whom the holder of a general distributor's license may |
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sell beer under Section 64.01(a)(2). |
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(b) The total combined sales of beer under this section, |
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together with the sales of ale by the holder of a brewer's |
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self-distribution permit under Section 12A.02 at the same premises, |
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may not exceed 40,000 barrels annually. |
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(c) With regard to a sale under this section, the holder of a |
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manufacturer's self-distribution license has the same authority |
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and is subject to the same requirements that apply to a sale made by |
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the holder of a general distributor's license. |
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(d) Beer sold under this section may be shipped only from a |
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manufacturing facility in this state. |
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Sec. 62A.03. FEE. The annual state fee for a manufacturer's |
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self-distribution license is $250. |
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Sec. 62A.04. REPORT OF SALES TO RETAILERS. (a) Not later |
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than the 15th day of each month, the holder of a manufacturer's |
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self-distribution license shall file a report with the commission |
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that contains information relating to the sales made by the license |
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holder to a retailer during the preceding calendar month. |
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(b) The commission shall by rule determine the information |
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that is required to be reported under this section and the manner in |
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which the report must be submitted to the commission. The |
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commission may require the report to contain the same information |
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reported to the comptroller under Section 151.462, Tax Code. |
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SECTION 3. Section 151.466, Tax Code, is amended to read as |
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follows: |
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Sec. 151.466. APPLICABILITY TO CERTAIN MANUFACTURERS. This |
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subchapter applies only to a manufacturer licensed under Chapter |
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62A, Alcoholic Beverage Code [whose annual production of beer in
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this state does not exceed 75,000 barrels]. |
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SECTION 4. Section 62.12, Alcoholic Beverage Code, is |
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repealed. |
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SECTION 5. (a) Subject to Subsection (b) of this section, |
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this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2013. |
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(b) The changes in law made by this Act take effect only if |
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each of the following bills is enacted and becomes law: |
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(1) Senate Bill No. 515, House Bill No. 1763, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows holders of brewpub licenses to self-distribute |
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beer, malt liquor, or ale produced under the license to retailers; |
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(2) Senate Bill No. 516, House Bill No. 1764, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows small brewers to sell ale to retailers; |
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(3) Senate Bill No. 518, House Bill No. 1766, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows small brewers and beer manufacturers to sell beer |
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and ale to ultimate consumers; and |
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(4) Senate Bill No. 639, House Bill No. 1538, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, relating to sales of beer by a manufacturer to a distributor |
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and certain agreements between a manufacturer and distributor. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 517 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 517 passed the House on |
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May 20, 2013, by the following vote: Yeas 145, Nays 3, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |