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.

89(R) HB 4773 - Engrossed version - Bill Text

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.