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A BILL TO BE ENTITLED
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AN ACT
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relating to the distribution of ale by certain brewers. |
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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 ale |
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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 sales of liquor within their borders, the right |
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is 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. 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 does not exceed |
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125,000[, a total of 75,000] barrels[,] may sell ale produced under |
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the permit to those persons to whom the holder of a general class B |
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wholesaler's permit may sell malt liquor under Section 20.01(3) [of
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this code]. |
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(b) The total combined sales of ale under this section, |
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together with the sales of beer by the holder of a manufacturer's |
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license under Section 62.12 at the same premises, may not exceed |
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40,000 barrels annually. |
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(c) With regard to [such] a sale under this section, the |
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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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SECTION 3. Chapter 12, Alcoholic Beverage Code, is amended |
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by adding Section 12.051 to read as follows: |
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Sec. 12.051. REPORT OF SALES TO RETAILER. (a) Not later |
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than the 25th day of each month, the holder of a brewer's permit |
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shall file a report with the commission that contains information |
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relating to the sales made by the brewer to a retailer during the |
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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 4. This Act takes effect September 1, 2013, but only |
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if the 83rd Legislature, Regular Session, 2013, enacts legislation |
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that becomes law and that amends the Alcoholic Beverage Code to |
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allow small brewers to sell beer to retailers. If the 83rd |
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Legislature, Regular Session, 2013, does not enact such legislation |
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that becomes law, this Act has no effect. |