|
|
|
|
AN ACT
|
|
relating to the authority of certain brewers and manufacturers to |
|
sell beer and ale to ultimate consumers. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
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 |
|
and ale 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 sale 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 |
|
principles; |
|
(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. Chapter 12, Alcoholic Beverage Code, is amended |
|
by adding Section 12.052 to read as follows: |
|
Sec. 12.052. SALES BY CERTAIN BREWERS TO CONSUMERS. |
|
(a) In addition to the activities authorized by Section 12.01, the |
|
holder of a brewer's permit whose annual production of ale together |
|
with the annual production of beer by the holder of a manufacturer's |
|
license at the same premises does not exceed a total of 225,000 |
|
barrels may sell ale produced on the brewer's premises under the |
|
permit to ultimate consumers on the brewer's premises for |
|
responsible consumption on the brewer's premises. |
|
(b) The total combined sales of ale to ultimate consumers |
|
under this section, together with the sales of beer to ultimate |
|
consumers by the holder of a manufacturer's license under Section |
|
62.122 at the same premises, may not exceed 5,000 barrels annually. |
|
SECTION 3. Chapter 62, Alcoholic Beverage Code, is amended |
|
by adding Section 62.122 to read as follows: |
|
Sec. 62.122. SALES BY CERTAIN MANUFACTURERS TO CONSUMERS. |
|
(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 does not exceed 225,000 |
|
barrels may sell beer produced on the manufacturer's premises under |
|
the license to ultimate consumers on the manufacturer's premises |
|
for responsible consumption on the manufacturer's premises. |
|
(b) The total combined sales of beer to ultimate consumers |
|
under this section, together with the sales of ale to ultimate |
|
consumers by the holder of a brewer's permit under Section 12.052 at |
|
the same premises, may not exceed 5,000 barrels annually. |
|
SECTION 4. Chapter 105, Alcoholic Beverage Code, is amended |
|
by adding Section 105.081 to read as follows: |
|
Sec. 105.081. HOURS OF SALE AND CONSUMPTION: BREWER OR |
|
MANUFACTURER. (a) The holder of a brewer's permit may sell, offer |
|
for sale, and deliver ale or malt liquor and a person may consume |
|
ale or malt liquor on the brewer's premises: |
|
(1) between 8 a.m. and midnight on any day except |
|
Sunday; and |
|
(2) between 10 a.m. and midnight on Sunday. |
|
(b) The holder of a manufacturer's license may sell, offer |
|
for sale, and deliver beer and a person may consume beer on the |
|
manufacturer's premises: |
|
(1) between 8 a.m. and midnight on any day except |
|
Sunday; and |
|
(2) between 10 a.m. and midnight on Sunday. |
|
SECTION 5. (a) Subject to Subsection (b) of this section, |
|
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, 2013. |
|
(b) The changes in law made by this Act take effect only if |
|
each of the following bills is enacted and becomes law: |
|
(1) Senate Bill No. 515, House Bill No. 1763, or |
|
another similar bill of the 83rd Legislature, Regular Session, |
|
2013, that allows holders of brewpub licenses to self-distribute |
|
beer, malt liquor, or ale produced under the license to retailers; |
|
(2) Senate Bill No. 516, House Bill No. 1764, or |
|
another similar bill of the 83rd Legislature, Regular Session, |
|
2013, that allows small brewers to sell ale to retailers; |
|
(3) Senate Bill No. 517, House Bill No. 1765, or |
|
another similar bill of the 83rd Legislature, Regular Session, |
|
2013, that allows small beer manufacturers to sell beer to |
|
retailers; and |
|
(4) Senate Bill No. 639, House Bill No. 1538, or |
|
another similar bill of the 83rd Legislature, Regular Session, |
|
2013, relating to sales of beer by a manufacturer to a distributor |
|
and certain agreements between a manufacturer and distributor. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 518 passed the Senate on |
|
March 25, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 518 passed the House on |
|
May 20, 2013, by the following vote: Yeas 142, Nays 3, one |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |