83R7352 MCK-F
  By: Eltife, et al. S.B. No. 517
  relating to the distribution of beer by certain manufacturers.
         SECTION 1.  The legislature finds that:
               (1)  the state is authorized under the Twenty-first
  Amendment of the United States Constitution to promote the public's
  interest in the fair, efficient, and competitive marketing of beer
  in this state;
               (2)  the United States Supreme Court in Granholm v.
  Heald, 544 U.S. 460 (2005), has recognized that the three-tier
  system of regulating the alcoholic beverage industry is
  unquestionably legitimate;
               (3)  in Granholm, the United States Supreme Court
  further recognized that while the states are entitled to regulate
  the production and sales of liquor within their borders, the right
  is nonetheless subject to the provisions of the Constitution of the
  United States, including the Interstate Commerce Clause, and laws
  regulating the alcoholic beverage industry may not discriminate
  against out-of-state participants or give undue deference to local
  participants and may not ignore other provisions of the
  constitution, including the Supremacy Clause, Commerce Clause, and
  the Privileges and Immunities Clause with its nondiscriminatory
               (4)  the state is authorized to promote, market, and
  educate consumers about the emerging small brewing industry;
               (5)  it is in the state's interest to encourage
  entrepreneurial and small business development opportunities in
  the state that will lead to new capital investment in the state,
  create new jobs in the state, and expand the state and local tax
  base; and
               (6)  it is the public policy of the state to exercise
  the police power of the state to protect the welfare, health, peace,
  temperance, and safety of the people of Texas.
         SECTION 2.  Section 62.12, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 62.12.  SALES BY CERTAIN MANUFACTURERS. (a) A
  manufacturer's licensee whose annual production of beer together
  with the annual production of ale by the holder of a brewer's permit
  at the same premises [in this state] does not exceed 125,000
  [75,000] barrels may sell beer produced under the license to those
  permittees, licensees, and persons to whom a general distributor's
  licensee may sell beer under Section 64.01(2) [of this code].
         (b)  The total combined sales of beer under this section,
  together with the sales of ale by the holder of a brewer's permit
  under Section 12.05 at the same premises, may not exceed 40,000
  barrels annually.
         (c)  With regard to [such] a sale under this section, the
  manufacturer has the same authority and is subject to the same
  requirements as apply to a sale made by a general distributor's
         (d) [(b)]  The authority granted by this section is
  additional to that granted by Section 62.01 [of this code].
         SECTION 3.  Chapter 62, Alcoholic Beverage Code, is amended
  by adding Section 62.121 to read as follows:
         Sec. 62.121.  REPORT OF SALES TO RETAILERS. (a) Not later
  than the 25th day of each month, the holder of a manufacturer's
  license shall file a report with the commission that contains
  information relating to the sales made by the manufacturer to a
  retailer during the preceding calendar month.
         (b)  The commission shall by rule determine the information
  that is required to be reported under this section and the manner in
  which the report must be submitted to the commission. The
  commission may require the report to contain the same information
  reported to the comptroller under Section 151.462, Tax Code.
         SECTION 4.  This Act takes effect September 1, 2013, but only
  if the 83rd Legislature, Regular Session, 2013, enacts legislation
  that becomes law and that amends the Alcoholic Beverage Code to
  allow small brewers to sell ale and malt liquor to retailers. If
  the 83rd Legislature, Regular Session, 2013, does not enact such
  legislation that becomes law, this Act has no effect.