HB 4773 seeks to modernize and streamline operations for malt beverage producers in Texas by allowing breweries and brewpubs operating under the same general ownership or management to transfer malt beverages between their licensed premises. The bill authorizes such transfers regardless of whether the premises are standalone or operate under arrangements like alternating brewery proprietorships or contract brewing. It clarifies that these transfers must comply with motor carrier laws and include specific vehicle identification requirements.
Under the bill, transferred beverages are treated as having been produced at the original facility for legal and regulatory purposes, preserving compliance distinctions relevant to tax, licensing, and labeling. However, once transferred, those beverages can be sold to consumers or to authorized distributors, both in-state and out-of-state, just as if they had been produced on-site. This change simplifies internal logistics for brewers and brewpubs and promotes greater operational flexibility.
The legislation also updates related sections of the Alcoholic Beverage Code to harmonize language across retail and manufacturing tiers, and explicitly permits licensed brewpubs to resell or offer transported beverages in accordance with their existing sales privileges. Overall, HB 4773 removes unnecessary restrictions on product movement within a single licensed entity, improving efficiency for craft brewers and larger producers alike.
The originally filed version of HB 4773 was focused primarily on allowing the physical transfer of malt beverages between brewery or brewpub locations that share the same general ownership or management. It established the basic legal framework for such transfers, including requirements for vehicle registration and labeling, adherence to state motor carrier laws, and regulatory treatment of the transferred beverages as originating from the production site. Additionally, it clarified that brewpubs under common ownership could move beverages between premises without violating the general prohibition on inter-premises exchanges in Section 69.11 of the Alcoholic Beverage Code.
In contrast, the Committee Substitute retains these foundational provisions but significantly expands the commercial utility of the transferred products. Most notably, it amends Section 74.08 to allow brewpubs receiving transferred beverages to sell them to consumers (on- or off-premises) and to distributors or qualified out-of-state buyers. This marks a meaningful departure from the original version, which did not address whether such transported beverages could be resold—an omission that would have left breweries with more operational flexibility but without clear legal authority to monetize the inventory.
Additionally, the substitute includes clarifying language in Section 62.085 and Section 74.12 that strengthens the legal basis for the resale of transferred products under existing license types. By explicitly aligning these provisions with statutory sales permissions in Sections 62.01 and 62.122, the substitute ensures that transported malt beverages can be integrated into the normal retail and wholesale channels. Overall, the Committee Substitute broadens the bill’s impact from a logistical efficiency measure to one that also enhances economic opportunities for brewers and brewpubs by expanding their ability to move and sell their products across locations.