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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain brewers and manufacturers to sell |
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beer and ale to ultimate consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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brewers permit whose annual production of ale in this state does not |
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exceed, together with the annual production of beer by the holder of |
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a manufacturer's license [acting] under [the authority of] Section |
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62.12 [of this code] at the same premises, a total of 75,000 |
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barrels, may: |
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(1) sell ale produced under the permit to those |
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persons to whom the holder of a general Class B wholesaler's permit |
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may sell malt liquor under Section 20.01(3) [of this code]. With |
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regard to such a sale, the brewer has the same authority and is |
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subject to the same requirements that apply to a sale made by the |
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holder of a general class B wholesaler's permit. |
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(2) sell ale produced under the permit to those |
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persons to whom the holder of a wine and beer retailer's permit may |
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sell malt liquor under Section 25.01(1) |
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(A) for consumption on the brewer's premises or; |
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(B) for off-premises consumption. |
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The total combined sales of ale to ultimate consumers |
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under this section, together with the sales of beer to ultimate |
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consumers by the holder of a manufacturer's license under Section |
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62.12 at the same premises, may not exceed 5,000 barrels annually. |
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With regard to such a sale, the brewer has the same authority and is |
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subject to the same requirements that apply to a sale made by the |
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holder of a wine and beer retailers permit. |
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SECTION 2. Section 62.12, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 6212. SALES BY CERTAIN MANUFACTURERS. (a) The holder |
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of a manufacturer's licensee whose annual production of beer in |
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this state does not exceed, together with the annual production of |
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ale by the holder of a brewer's permit under Section 12.05 at the |
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same premises, a total of 75,000 barrels may: |
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(1) sell beer produced under the license to those |
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permittees, licensees, and person's to whom a general distributor's |
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licensee may see beer under Section 64.01(2) of this code. With |
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regard to such a sale, the manufacturer has the same authority and |
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is subject to the same requirements as apply to a sale made by a |
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general distributors licensee; |
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(2) sell beer produced under the license to those |
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persons to whom the holder of a wine and beer retailer's permit may |
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sell beer under Section 25.01(1) |
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(A) for consumption on the manufacturer's |
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premises or; |
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(B) for off-premises consumption. |
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The total combined sales of beer to ultimate consumers |
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under this section, together with the sales of ale to ultimate |
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consumers by the holder of a brewer's permit under Section 12.05 at |
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the same premises, may not exceed 5,000 barrels annually. With |
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regard to such a sale, the brewer has the same authority and is |
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subject to the same requirements that apply to a sale made by the |
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holder of a wine and beer retailer's permit. |
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(A) The authority granted by this section is |
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additional to that granted by Section 62.01 of this code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |