H.B. No. 4463 amends the Alcoholic Beverage Code to expand the authorized activities of holders of brewer's and nonresident brewer's licenses. The bill allows these license holders to contract with each other for manufacturing services and the use of manufacturing facilities under an alternating brewery proprietorship, provided that both parties have the necessary Brewer's Notice and Bond. Additionally, it clarifies that each entity involved in such arrangements must hold a brewer's license at the location where brewing services are conducted. The bill also introduces new provisions for nonresident brewers, allowing them to transport malt beverages into Texas only to licensed brewers or distributors and stipulating that they must be the primary American source of supply for the ordered beverages.
Furthermore, the bill repeals Section 63.05 of the Alcoholic Beverage Code and mandates the Texas Alcoholic Beverage Commission to adopt rules to implement these changes, including the authority to increase fees for licenses and permits to cover administrative costs. The new legal language emphasizes the importance of the primary American source of supply concept, defining it and establishing that a product can only have one such source for distribution in Texas. The act is set to take effect on September 1, 2025.
Statutes affected: Introduced: Alcoholic Beverage Code 62.14, Alcoholic Beverage Code 63.01, Alcoholic Beverage Code 63.05 (Alcoholic Beverage Code 63, Alcoholic Beverage Code 62)
House Committee Report: Alcoholic Beverage Code 62.14, Alcoholic Beverage Code 63.01, Alcoholic Beverage Code 63.05 (Alcoholic Beverage Code 63, Alcoholic Beverage Code 62)
Engrossed: Alcoholic Beverage Code 62.14, Alcoholic Beverage Code 63.01, Alcoholic Beverage Code 63.05 (Alcoholic Beverage Code 63, Alcoholic Beverage Code 62)
Senate Committee Report: Alcoholic Beverage Code 62.14, Alcoholic Beverage Code 63.01, Alcoholic Beverage Code 63.05 (Alcoholic Beverage Code 63, Alcoholic Beverage Code 62)
Enrolled: Alcoholic Beverage Code 62.14, Alcoholic Beverage Code 63.01, Alcoholic Beverage Code 63.05 (Alcoholic Beverage Code 63, Alcoholic Beverage Code 62)