87R10539 MCF-F     By: Collier H.B. No. 3976       A BILL TO BE ENTITLED   AN ACT   relating to the authorized activities of a manufacturer's agent's   warehousing permit holder.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 55.01(a), (b), and (c), Alcoholic   Beverage Code, as effective September 1, 2021, are amended to read   as follows:          (a)  The holder of a manufacturer's agent's warehousing   permit may:                (1)  receive alcoholic [malt] beverages from any   license or permit holder that is authorized to sell the alcoholic   beverages to licensed or permitted wholesalers or distributors in   this state [the holder of a nonresident brewer's license] and store   the alcoholic beverages on the permitted premises;                (2)  ship, cause to be shipped, sell, and otherwise   transfer the alcoholic [malt] beverages to licensed or permitted   wholesalers or distributors in this state who are authorized to   receive the alcoholic beverages and to persons outside this state   who are qualified to receive the alcoholic [malt] beverages under   the regulatory laws of the state or other jurisdiction in which the   alcoholic [malt] beverages are received; [and]                (3)  return alcoholic [malt] beverages to the license   or permit holder [brewer] from which they were originally received;   and                (4)  unpack, repack, or co-pack the alcoholic beverages   in any combination or configuration.          (b)  The holder of a manufacturer's agent's warehousing   permit may ship malt beverages only to distributors in this state   who have been issued a territorial designation by the [actual]   brewer or the primary source of American supply of the brand or   brands to be shipped. This territorial designation for the sale of   malt beverages must be under and a part of the agreement entered   into between the [actual] brewer or the primary source of American   supply of the brand and the distributor under Subchapters C and D,   Chapter 102. This chapter does not affect the requirement that the   [actual] brewer or the primary source of American supply, and the   agreement between the [actual] brewer or the primary source of   American supply and the distributor, comply with Subchapters C and   D, Chapter 102.          (c)  Alcoholic [Malt] beverages received at premises   permitted under this chapter that are not labeled and approved for   sale in this state may be held and stored at the premises and may be   shipped from the premises if the alcoholic [malt] beverages are   consigned and transported to qualified persons in other states or   jurisdictions where their sale is legal.          SECTION 2.  Section 55.03, Alcoholic Beverage Code, as   effective September 1, 2021, is amended to read as follows:          Sec. 55.03.  ELIGIBILITY FOR PERMIT. A manufacturer's   agent's warehousing permit may be issued to an entity:                (1)  that receives alcoholic [malt] beverages from   another entity, or that other entity's immediate successor in   interest, that:                      (A)  is located and chartered in the United   Mexican States;                      (B)  has held, for the two years preceding the   date of the application:                            (i)  a nonresident manufacturer's license,   nonresident brewer's permit, and a nonresident seller's permit;                            (ii)  a nonresident brewer's license and a   nonresident seller's permit; or                            (iii)  a combination of Subparagraph (i) and   Subparagraph (ii); and                      (C)  during each of those two years has shipped or   caused to be shipped into this state for ultimate sale to qualified   distributors and wholesalers in this state at least one-half   million barrels of malt beverages of the various brands   manufactured or brewed by the entity; and                (2)  whose employees, located in this state or   elsewhere, perform the activities authorized under Chapters 36 and   73 on behalf of the entity.          SECTION 3.  Section 55.05, Alcoholic Beverage Code, as   effective September 1, 2021, is amended to read as follows:          Sec. 55.05.  REPORTING REQUIREMENTS. The commission shall   require monthly reports from a permit holder under this chapter   showing the brands, types, sizes of containers, and quantities of   alcoholic [malt] beverages received at and shipped from the   premises to persons authorized to receive them. The reports must   conform in all respects to the requirements and forms prescribed by   the commission and contain any other information required by the   commission.          SECTION 4.  This Act takes effect September 1, 2021.