83R7353 MCK-F
 
  By: Eltife, et al. S.B. No. 518
 
 
 
A BILL TO BE ENTITLED
 
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 sales 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 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 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.  This Act takes effect September 1, 2013.