87R10545 MCK-D     By: Kuempel H.B. No. 4016       A BILL TO BE ENTITLED   AN ACT   relating to operating agreements between holders of a distiller's   and rectifier's permit and certain alcoholic beverage permit   holders.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 14, Alcoholic Beverage Code, is amended   by adding Section 14.10 to read as follows:          Sec. 14.10.  OPERATING AGREEMENTS BETWEEN PERMIT HOLDERS.   (a) The holder of a distiller's and rectifier's permit may engage   in any activity authorized by that permit on the permitted premises   of another distiller's and rectifier's permit holder under an   agreement between the permit holders that is approved by the   commission and that describes with specificity the nature,   duration, and extent of the activities authorized by the agreement.          (b)  The holder of a distiller's and rectifier's permit may   enter into an agreement authorized by Section 37.011 with the   holder of a nonresident seller's permit that allows the nonresident   seller to use the distiller's permitted premises to manufacture,   rectify, purify, and refine distilled spirits and to bottle, label,   and package the nonresident seller's finished products.          (c)  The commission shall adopt rules regulating the shared   use of the permitted premises under this section to ensure   administrative accountability of each permit holder and a strict   separation between the businesses and operations of the permit   holders.          SECTION 2.  Chapter 37, Alcoholic Beverage Code, is amended   by adding Section 37.011 to read as follows:          Sec. 37.011.  OPERATING AGREEMENT WITH IN-STATE DISTILLERY.   (a) The holder of a nonresident seller's permit who owns a   distillery outside of the state may enter into an agreement with the   holder of a distiller's and rectifier's permit that allows the   nonresident seller to manufacture, rectify, purify, and refine   distilled spirits and to bottle, label, and package the nonresident   seller's finished products on the distiller's and rectifier's   permitted premises. The agreement is subject to approval by the   commission and must describe with specificity the nature, duration,   and extent of the activities authorized by the agreement.          (b)  The commission shall adopt rules regulating the shared   use of the permitted premises under this section to ensure   administrative accountability of each permit holder and a strict   separation between the businesses and operations of the permit   holders.          SECTION 3.  This Act takes effect September 1, 2021.