HB4463 - Relating to authorized activities of a brewer's or nonresident brewer's license holder; authorizing a fee increase.

      H.B. No. 4463         AN ACT   relating to authorized activities of a brewer's or nonresident   brewer's license holder; authorizing a fee increase.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 62.14(a) and (b-1), Alcoholic Beverage   Code, are amended to read as follows:          (a)  The holder of a brewer's or nonresident brewer's license   may contract with the holder of a brewer's or nonresident brewer's     license:                (1)  to provide manufacturing services; or                (2)  for the use of the license holder's manufacturing   facilities under an alternating brewery proprietorship if each   party to the proprietorship:                      (A)  has filed the appropriate Brewer's Notice and   Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade   Bureau of the United States Department of the Treasury; and                      (B)  if applicable, has posted with the commission   a bond in an amount determined by the commission under Subsection   (d) or (e).          (b-1)  Each entity that is a party to an alternating brewery   proprietorship or contract brewing arrangement must hold a brewer's   license in this state at the location where brewing services are   conducted under the arrangement.          SECTION 2.  Section 63.01, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 63.01.  AUTHORIZED ACTIVITIES.   (a)  The holder of a   nonresident brewer's license may transport or cause to be   transported malt beverages into Texas only to holders of brewer's   or distributor's licenses.  The nonresident brewer's licensee may   transport the malt beverages in carriers or vehicles operated by   holders of carrier's permits or in motor vehicles owned or leased by   the nonresident brewer.  The malt beverages must be shipped in   barrels or other containers in accordance with the provisions of   this code and may not be shipped into the state in tank cars.           (b)     The holder of a nonresident brewer's license may   transport or cause to be transported malt beverages into Texas from   any of the license holder's locations outside of this state under   the license.   The holder is not required to hold a separate   nonresident brewer's license for each location outside of this   state.           (c)     The holder of a nonresident brewer's license may enter   into a contract with the holder of a brewer's license under Section   62.14 and engage in any activity authorized under that section.          SECTION 3.  Chapter 63, Alcoholic Beverage Code, is amended   by adding Section 63.06 to read as follows:           Sec.   63.06.     RESTRICTION AS TO SOURCE OF SUPPLY;   CONSTRUCTION OF OTHER LAW. (a)   No holder of a nonresident brewer's   license may solicit, accept, or fill an order for malt beverages   from a holder of a brewer's or distributor's license unless the   nonresident brewer is the primary American source of supply for the   brand of malt beverages that is ordered.           (b)     A nonresident brewer that is the primary American source   of supply for a malt beverage is considered the brewer of the malt   beverage for purposes of Subchapters C and D, Chapter 102.           (c)     In this section, "primary American source of supply"   means the brewer, the producer, the owner of the commodity at the   time it becomes a marketable product, the bottler, or the exclusive   agent of any of those. To be the "primary American source of   supply" the nonresident brewer must be the first source, that is,   the manufacturer or the source closest to the manufacturer, in the   channel of commerce from whom the product can be secured by Texas   distributors or brewers. A product may have only one primary   American source of supply to Texas.          SECTION 4.  Section 63.05, Alcoholic Beverage Code, is   repealed.          SECTION 5.  As soon as practicable after the effective date   of this Act, the Texas Alcoholic Beverage Commission shall adopt   rules to implement the changes in law made by this Act, including   rules to adjust, including by increasing, fees assessed by the   commission under Section 5.50, Alcoholic Beverage Code, on   applicants for an original or renewal certificate, permit, or   license issued by the commission as necessary to ensure the amount   of the fees for an original or renewal certificate, permit, or   license is sufficient to cover the costs incurred by the commission   in administering the Alcoholic Beverage Code, as required by   Section 5.50, Alcoholic Beverage Code.          SECTION 6.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4463 was passed by the House on May 8,   2025, by the following vote:  Yeas 144, Nays 0, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 4463 was passed by the Senate on May   28, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor