88R8299 SCP-D     By: Middleton S.B. No. 2285       A BILL TO BE ENTITLED   AN ACT   relating to the transfer of certain malt beverages between two or   more licensed premises operating under the same general ownership   or management.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 62, Alcoholic Beverage Code, is amended   by adding Section 62.085 to read as follows:          Sec. 62.085.  TRANSFER OF MALT BEVERAGES. (a) The holder of   a brewer's license may transfer malt beverages produced under the   license between any of the license holder's licensed brewery   premises, including a facility operating under an alternating   brewery proprietorship or contract brewing arrangement as provided   by Section 62.14, during the hours provided by Section 105.051,   subject to rules prescribed by the commission.          (b)  The holder of a brewer's license may not transport malt   beverages under Subsection (a) unless:                (1)  the license holder provides the commission with a   description, as required by the commission, of each motor vehicle   used by the license holder to transport malt beverages; and                (2)  each motor vehicle is plainly marked or lettered   to indicate that it is being used by the license holder to transport   malt beverages.          (c)  When transporting malt beverages under this section,   the holder of a brewer's license may not violate the motor carrier   laws of this state.          (d)  For purposes of Section 62.122, a malt beverage   transported under this section is considered to be brewed on the   premises to which the malt beverage is transported.          SECTION 2.  Section 69.11, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 69.11.  EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES   BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. (a) Except as   provided by Subsection (b), the [The] owner of two or more licensed   retail premises may not exchange or transport malt beverages   between them.          (b)  Malt [unless all of the conditions set out in Section   24.04 are met, except that malt] beverages may be transferred   between:                (1)  two licensed retail premises that are both covered   by wine only package store permits as provided in Section 24.04;                (2)  two licensed retail premises that are both covered   by package store permits as provided in Section 22.08; or                (3)  two licensed brewpubs operating under the same   general management or ownership as provided in Section 74.12.          SECTION 3.  Chapter 74, Alcoholic Beverage Code, is amended   by adding Section 74.12 to read as follows:          Sec. 74.12.  TRANSFER OF BEVERAGES. (a) The holder of a   brewpub license operating more than one brewpub as authorized by   Section 74.01(b) may transfer malt beverages brewed under the   license between any of the license holder's brewpubs during the   hours provided by Section 105.051, subject to rules prescribed by   the commission.          (b)  The holder of a brewpub license may not transport malt   beverages under Subsection (a) unless:                (1)  the license holder provides the commission with a   description, as required by the commission, of each motor vehicle   used by the license holder to transport malt beverages; and                (2)  each motor vehicle is plainly marked or lettered   to indicate that it is being used by the license holder to transport   malt beverages.          (c)  When transporting malt beverages under this section,   the holder of a brewpub license may not violate the motor carrier   laws of this state.          (d)  For purposes of Sections 74.03 and 74.08, a malt   beverage transported under this section is considered to be brewed   by the brewpub to which the malt beverage is transported.          SECTION 4.  This Act takes effect September 1, 2023.