Texas Beer-Related Legislation Watch

Discussion in 'Southwest' started by WTKeene, Mar 13, 2015.

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  1. WTKeene

    WTKeene Initiate (0) Jul 13, 2013 New Mexico

    So I noticed at work today that Senator Kevin Eltife and Representative Jim Keffer had both filed legislation expanding on-site sale of bottles meant for off-site consumption by breweries, and then later saw Open the Taps post about that and a few others.

    Now that the legislative session is under way, I thought it might be useful to have a thread to track all the beer-related legislation that either helps or hurts us going forward.

    So here's a list of relevant legislation:

    HB 482/SB 430: Rep. Charlie Geren, Sen. Kevin Eltife
    Allowing brewpubs to sell their beer to a wholesaler.
    Status: Referred to Licensing & Administrative Procedures committee 2/12/15 in House, Referred to Business and Commerce committee 2/4/15 in Senate

    HB 3086/SB 1386: Rep. Jim Keffer, Sen. Kevin Eltife
    Allowing breweries producing less than 225,000 barrels a year to sell up to 576 fluid ounces of beer (24 12oz bottles) per month to each consumer.
    Status: Filed in House 3/11/15 and in Senate 3/12/15

    HB 3389: Rep. Senfronia Thompson
    Changing the threshold at which a brewery can self distribute from less than 40,000 barrels produced annual to less than 5,000 barrels.
    Status: Filed in House 3/12/15

    SB 719: Sen. Konni Burton
    Allowing the direct shipment of beer and liquor to consumers, even those in dry counties.
    Status: Referred to Business and Commerce committee 3/2/15

    There are probably several more I'm forgetting, and likely a few more to be filed tomorrow (the deadline for filings this session), but these feel like the biggest, most consequential ones. I'll do my best to keep this up to date as the session progresses.

    With Corona gone, a few dogmatic free-market worshipers added to the Senate (Burton and Huffines in particular), and Eltife, who sponsored much of the legislation from 2013, in charge of the Business and Commerce committee, this could be an interesting session for craft beer. Hopefully we can improve on the progress made two years ago.
     
    #1 WTKeene, Mar 13, 2015
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  2. ONovoMexicano

    ONovoMexicano Initiate (0) Jun 14, 2012 New Mexico

    Just curious, when did the Texas legislative session begin and when does it end?

    HB3389 seems like bad business. I hope for the sake of all breweries that gets nowhere.

    What's the idea behind HB3086? Is there a limit on how much can be sold to a consumer right now? I can't wrap my head around this one. It would be cool (of course as an outsider, but also someone interested in legislative business) to have links for each bill.

    One thing that really stands out is DAMN, you guys have a lot of bills introduced. New Mexico didn't hit 700 in either chamber this year, I don't think.
     
    #2 ONovoMexicano, Mar 13, 2015
  3. WTKeene

    WTKeene Initiate (0) Jul 13, 2013 New Mexico

    The legislative session started on January 13th and continues for 140 days, which is somewhere in the end of May. There are often special sessions that extend the total time in session a while longer.

    Yes, I feel safe calling 3389 bad business too. Hopefully it gets killed.

    Currently selling bottles for off-site consumption isn't legal at all unless you're a brewpub (perhaps @jesterkingbeer can elaborate on this distinction), so a 2 case limit is a huge improvement.

    And yes, our session only meets for 140 days every other year, so when we are in session we really do our best to make it count.

    I agree, links would be a good idea. I'll add those in now. Or not, because it won't let me edit anymore.
     
    #3 WTKeene, Mar 13, 2015
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  4. ONovoMexicano

    ONovoMexicano Initiate (0) Jun 14, 2012 New Mexico

    Haha. If you guys are just introducing twice as many bills every two years, it seems to have the same effect as meeting yearly. Haha. Gotta love Texas. I'll be there in a couple of weeks and really get to soak in all the Texas glory.

    I'm definitely curious to learn more about the off-site consumption bill. I'd love to hear from others about that one.

    This is a great post. Glad you started it. I may steal your idea for future years in New Mexico. We've got 8 days left at this point and there are several brewery-related bills, but things have grinded to a halt here.
     
    #4 ONovoMexicano, Mar 13, 2015
  5. WTKeene

    WTKeene Initiate (0) Jul 13, 2013 New Mexico

    #5 WTKeene, Mar 13, 2015
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  6. ONovoMexicano

    ONovoMexicano Initiate (0) Jun 14, 2012 New Mexico

    Jester King just tweeted this:

    http://blog.chron.com/beertx/2015/0...-breweries-to-sell-take-away-beer/#29214101=0

    So HB3086 allows breweries in Texas to sell beer to the consumer to take away with a cap of 24 bottles. I wasn't aware that breweries weren't able to sell to the consumer for off-site consumption. I guess that's why Stanley's has to sell the Jester King beers to go, rather than JK. Damn. Texas.
     
    #6 ONovoMexicano, Mar 13, 2015
  7. WTKeene

    WTKeene Initiate (0) Jul 13, 2013 New Mexico

    Stanleys isn't in charge of selling the beer to go, that's definitely Jester King. I think they fall under a certain production-cap currently in place that allows them to do so. Again they can probably elaborate on this more.
     
    #7 WTKeene, Mar 13, 2015
  8. jesterkingbeer

    jesterkingbeer Pundit (865) Jun 28, 2010 Texas

    We received the legal right to sell beer to go last legislative session. We can do so because our official license is that of a brewpub. We're officially a retailer instead of a manufacturer. We can also sell guest beer, wine, cider, sake, and mead. We are allowed to hold a brewpub license because our annual production (~1,100 barrels/year) is well under the 10,000 barrel annual production cap for brewpubs. Production breweries holding a Manufacturer's License and/or a Brewer's Permit are not currently allowed to sell beer to go. They received the right to sell beer for on-site consumption last session, but again, still no beer to go. We're hopeful SB 1386 passes so our friends at Live Oak or Real Ale for instance can sell cans, bottles or growlers to go. Texas wineries can sell wine to go. Texas distillers can sell distilled spirits to go. Production breweries still can't sell beer to go.
     
    #8 jesterkingbeer, Mar 13, 2015
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  9. sethsticles

    sethsticles Crusader (413) May 6, 2014 California
    Trader

    While I love the idea and really hope SB 1386 passes, has anyone thought or discussed how the state or brewery might track how much beer a certain individual has purchased per month? It seems like a nightmare keeping track of that. Does the responsibility fall on the brewery? Is someone fined if the state finds out that an individual has gotten more than they are allowed? Would this be the rise of mug clubs and membership cards?
     
    #9 sethsticles, Mar 13, 2015
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  10. WTKeene

    WTKeene Initiate (0) Jul 13, 2013 New Mexico

    I was curious about how the logistics of that would work too. Feel impossible to enforce.
     
    #10 WTKeene, Mar 13, 2015
  11. WTKeene

    WTKeene Initiate (0) Jul 13, 2013 New Mexico

    On second thought the easiest way I would think for a brewery to monitor this would be to only be open for off-site sales one day a month, and impose a 2 case per person limit then. Still annoying and less than ideal. But progress nonetheless.
     
    #11 WTKeene, Mar 13, 2015
  12. Karibourgeois

    Karibourgeois Initiate (0) Jul 28, 2013 Texas

    Slowly but surely it seems we are moving forward here in Texas.
     
    #12 Karibourgeois, Mar 13, 2015
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  13. tx_beer_man

    tx_beer_man Pundit (902) Jan 22, 2013 Texas
    Trader

    [​IMG]Jeremy Moore @TexanRudeboy · 48m48 minutes ago
    A bill to allow us to take beers home from breweries finally! Buffalo Bayou can't be happy, I remember their guy arguing against it.

    ^hmm why would a small brewery be against the law?
     
    #13 tx_beer_man, Mar 13, 2015
  14. aschwab

    aschwab Initiate (0) Mar 3, 2009 Texas

    They don't want to deal with it? Who knows.
     
    #14 aschwab, Mar 13, 2015
  15. WTKeene

    WTKeene Initiate (0) Jul 13, 2013 New Mexico

    Is the "Buffalo Bayou" person he spoke to possibly their distributor?
     
    #15 WTKeene, Mar 13, 2015
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  16. tx_beer_man

    tx_beer_man Pundit (902) Jan 22, 2013 Texas
    Trader

    Not sure to either question @aschwab @WTKeene or even if Buff Brew really felt that way or even feels that way about the new legislation.
     
    #16 tx_beer_man, Mar 13, 2015
  17. tx_beer_man

    tx_beer_man Pundit (902) Jan 22, 2013 Texas
    Trader

    Actually, more info on the timeline of responses to that tweet
     
    #17 tx_beer_man, Mar 13, 2015
  18. aschwab

    aschwab Initiate (0) Mar 3, 2009 Texas

    Or they are arguing against the limit and how it would cause problems to keep track of things.
     
    #18 aschwab, Mar 13, 2015
  19. greg__h

    greg__h Initiate (0) Apr 7, 2014 Texas

    Unsurprisingly, the representative that introduced HB 3389, Senfronia Thompson, is on the top campaign contribution targets by distributors. She received $20,518 just for the 2014 election.
     
    #19 greg__h, Mar 13, 2015
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  20. aschwab

    aschwab Initiate (0) Mar 3, 2009 Texas

    And now I know who you are on the facebook group as well.

    But, as far as your post goes, this should surprise no one.
     
    #20 aschwab, Mar 13, 2015
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