83R7352 MCK-F
	By: Smith	H.B. No. 1765

	A BILL TO BE ENTITLED
	AN ACT
	relating to the distribution of beer by certain manufacturers.
	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
	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.  Section 62.12, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 62.12.  SALES BY CERTAIN MANUFACTURERS. (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 [in this state] does not exceed 125,000
	[75,000] barrels may sell beer produced under the license to those
	permittees, licensees, and persons to whom a general distributor's
	licensee may sell beer under Section 64.01(2) [of this code].
	(b)  The total combined sales of beer under this section,
	together with the sales of ale by the holder of a brewer's permit
	under Section 12.05 at the same premises, may not exceed 40,000
	barrels annually.
	(c)  With regard to [such] a sale under this section, the
	manufacturer has the same authority and is subject to the same
	requirements as apply to a sale made by a general distributor's
	licensee.
	(d) [(b)]  The authority granted by this section is
	additional to that granted by Section 62.01 [of this code].
	SECTION 3.  Chapter 62, Alcoholic Beverage Code, is amended
	by adding Section 62.121 to read as follows:
	Sec. 62.121.  REPORT OF SALES TO RETAILERS. (a) Not later
	than the 25th day of each month, the holder of a manufacturer's
	license shall file a report with the commission that contains
	information relating to the sales made by the manufacturer to a
	retailer during the preceding calendar month.
	(b)  The commission shall by rule determine the information
	that is required to be reported under this section and the manner in
	which the report must be submitted to the commission. The
	commission may require the report to contain the same information
	reported to the comptroller under Section 151.462, Tax Code.
	SECTION 4.  This Act takes effect September 1, 2013, but only
	if the 83rd Legislature, Regular Session, 2013, enacts legislation
	that becomes law and that amends the Alcoholic Beverage Code to
	allow small brewers to sell ale and malt liquor to retailers. If
	the 83rd Legislature, Regular Session, 2013, does not enact such
	legislation that becomes law, this Act has no effect.