HB4773 - Relating to the transfer of certain malt beverages between two or more licensed premises operating under the same general ownership or management and the sale of those malt beverages.

  89R25343 SCF-D     By: Phelan, Darby, Leo Wilson H.B. No. 4773       A BILL TO BE ENTITLED   AN ACT   relating to the transfer of certain malt beverages between two or   more licensed premises operating under the same general ownership   or management and the sale of those malt beverages.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 62, Alcoholic Beverage Code, is amended   by adding Section 62.085 to read as follows:           Sec.   62.085.     TRANSFER OF MALT BEVERAGES. (a) The holder of   a brewer's license may transfer malt beverages produced under the   license between any of the license holder's licensed brewery   premises, including a facility operating under an alternating   brewery proprietorship or contract brewing arrangement as provided   by Section 62.14, during the hours provided by Section 105.051,   subject to rules prescribed by the commission.           (b)     The holder of a brewer's license may not transport malt   beverages under Subsection (a) unless:                 (1)     the license holder provides the commission with a   description, as required by the commission, of each motor vehicle   used by the license holder to transport malt beverages; and                 (2)     each motor vehicle is plainly marked or lettered   to indicate that it is being used by the license holder to transport   malt beverages.           (c)     When transporting malt beverages under this section,   the holder of a brewer's license may not violate the motor carrier   laws of this state.           (d)     For purposes of Section 62.122, a malt beverage   transported under this section is considered to be produced on the   premises where the malt beverage is produced and may not be   considered to be produced on the premises to which the malt beverage   is transported.           (e)     Notwithstanding Subsection (d), the holder of a   brewer's license to whose licensed premises malt beverages have   been transported under this section may sell the transported malt   beverages:                 (1)     to ultimate consumers in the manner provided by   Section 62.122(a); and                 (2)     in this state to the holders of general and branch   distributor's licenses and to qualified persons outside the state   as provided by Section 62.01(a)(1).          SECTION 2.  Section 69.11, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 69.11.  EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES   BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP.   (a)  The owner of   two or more licensed retail premises may not exchange or transport   malt beverages between them unless all of the conditions set out in   Section 24.04 are met, except that malt beverages may be   transferred between two licensed retail premises that are both   covered by package store permits as provided in Section 22.08.           (b)     This section does not apply to malt beverages   transferred between two licensed brewpubs operating under the same   general management or ownership as provided in Section 74.12.          SECTION 3.  Section 74.08, Alcoholic Beverage Code, is   amended by amending Subsection (a) and adding Subsection (e) to   read as follows:          (a)  In addition to the activities authorized by Section   74.01, the holder of a brewpub license [ who holds a wine and malt   beverage retailer's permit and whose sale of malt beverages   consists only of malt beverages brewed on the brewpub's premises ]   may sell malt beverages produced under the license to:                (1)  those retailers to whom the holder of a general   distributor's license may sell malt beverages under Section 64.01;   or                (2)  qualified persons to whom the holder of a general   distributor's license may sell malt beverages for shipment and   consumption outside the state under Section 64.01.           (e)     The holder of a brewpub license to whose brewpub   premises malt beverages have been transported under Section 74.12   may:                 (1)     sell or offer without charge, on the brewpub's   premises, to ultimate consumers for consumption on or off those   premises, the transported malt beverages, to the extent the sales   or offers are allowed under the holder's other permits or licenses;   and                 (2)  sell the transported malt beverages to:                       (A)     those retailers to whom the holder of a   general distributor's license may sell malt beverages under Section   64.01; or                       (B)     qualified persons to whom the holder of a   general distributor's license may sell malt beverages for shipment   and consumption outside the state under Section 64.01.          SECTION 4.  Chapter 74, Alcoholic Beverage Code, is amended   by adding Section 74.12 to read as follows:           Sec.   74.12.     TRANSFER OF BEVERAGES. (a) The holder of a   brewpub license operating more than one brewpub as authorized by   Section 74.01(b) may transfer malt beverages brewed under the   license between any of the license holder's brewpubs during the   hours provided by Section 105.051, subject to rules prescribed by   the commission.           (b)     The holder of a brewpub license may not transport malt   beverages under Subsection (a) unless:                 (1)     the license holder provides the commission with a   description, as required by the commission, of each motor vehicle   used by the license holder to transport malt beverages; and                 (2)     each motor vehicle is plainly marked or lettered   to indicate that it is being used by the license holder to transport   malt beverages.           (c)     When transporting malt beverages under this section,   the holder of a brewpub license may not violate the motor carrier   laws of this state.           (d)     For purposes of Section 74.03, a malt beverage   transported under this section is considered to be brewed by the   brewpub where the malt beverage is brewed and may not be considered   to be brewed by the brewpub to which the malt beverage is   transported.          SECTION 5.  This Act takes effect September 1, 2025.