CHAPTER 63. NONRESIDENT MANUFACTURER'S LICENSE - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 63. NONRESIDENT MANUFACTURER'S LICENSE

Sec. 63.01. AUTHORIZED ACTIVITIES. The holder of a nonresident

manufacturer's license may transport beer into Texas only to

holders of importer's licenses. The nonresident manufacturer's

licensee may transport the beer in carriers or vehicles operated

by holders of carrier's permits or in motor vehicles owned or

leased by the nonresident manufacturer. The beer must be shipped

in barrels or other containers in accordance with the provisions

of this code and may not be shipped into the state in tank cars.

Acts 1977, 65th Leg., p. 476, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 1969, ch. 777, Sec. 11,

eff. Aug. 27, 1979.

Sec. 63.02. FEE. The annual state fee for a nonresident

manufacturer's license is $750. No county or city is entitled to

a fee for the issuance of the license.

Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1350, ch. 278, Sec. 39,

eff. Sept. 1, 1983.

Sec. 63.03. LIABILITY FOR TAXES; BOND. The holder of a

nonresident manufacturer's license that transports beer into

Texas in a motor vehicle owned or leased by him is not primarily

responsible for the payment of the taxes on the beer, which

remains the responsibility of the holder of the importer's

license. However, the nonresident manufacturer shall furnish the

commission with a bond in an amount which, in the commission's

judgment, will protect the revenue of the state from the tax due

on the beer over any six-week period.

Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 63.04. APPLICATION OF CODE PROVISIONS AND RULES. A holder

of a nonresident manufacturer's license is subject to all

applicable provisions of this code and all applicable rules of

the commission which apply to holders of manufacturer's licenses,

including rules relating to the quality, purity, and identity of

beer and to protecting the public health. The commission may

suspend or cancel a nonresident manufacturer's license and apply

penalties in the same manner as it does with respect to a

manufacturer's license.

Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 63.05. USE OF FACILITIES. (a) An entity or successor to

an entity that on May 1, 2005, held a manufacturer's or

nonresident manufacturer's license or whose brand was legally

sold in this state may contract with the holder of a nonresident

manufacturer's license for the use of the license holder's

manufacturing facilities or to provide manufacturing services.

(b) An entity or successor to an entity that on May 1, 2005,

held a manufacturer's or nonresident manufacturer's license or

whose brand was legally sold in this state is not required to own

its manufacturing facilities.

(c) This section does not authorize a person acting as an agent

for a manufacturer located outside of this state to contract with

the holder of a nonresident manufacturer's license to manufacture

beer on the person's behalf. A contract described by this

subsection may only be entered into by the holder of a

nonresident manufacturer's license and another person holding a

license under this code.

Added by Acts 2005, 79th Leg., Ch.

1182, Sec. 7, eff. June 18, 2005.