brewers can move beer between their own locations

The text as introduced · 600 words

89R732 SCP-D

By: Phelan
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.

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.

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) Except as

provided by Subsection (b), the [ The ] owner of two or more licensed

retail premises may not exchange or transport malt beverages

between them .

(b) Malt [ unless all of the conditions set out in Section

24.04 are met, except that malt ] beverages may be transferred

between :

(1) two licensed retail premises that are both covered

by package store permits as provided in Section 22.08 ; or

(2) two licensed brewpubs operating under the same

general management or ownership as provided in Section 74.12 .

SECTION 3. 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 Sections 74.03 and 74.08, 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 4. This Act takes effect September 1, 2025.