89th Legislature

HB 4773

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

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.

Author
Dade Phelan
Drew Darby
Terri Leo-Wilson
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4773 is not expected to have a significant fiscal impact on the state of Texas. While the bill does expand operational flexibility and commercial opportunity for breweries and brewpubs by allowing the transfer and resale of malt beverages between commonly owned premises, the projected revenue effects are anticipated to be minimal. The Texas Comptroller of Public Accounts and the Alcoholic Beverage Commission, both of which were consulted, did not identify any major fiscal burdens or gains resulting from the bill’s implementation.

The fiscal analysis assumes that any potential increase in alcoholic beverage tax collections or associated licensing fees, resulting from broader distribution or sales, would be too minor to materially affect state revenue. Since the bill does not create new fees, taxes, or significant regulatory costs, its budgetary footprint remains small. The activities it facilitates, such as internal transfers and expanded sales opportunities, are mostly within the framework of existing licensure and compliance systems.

Similarly, no significant fiscal impact is expected for local governments. Counties and municipalities that collect sales or alcohol-related revenues are unlikely to experience measurable changes in revenue or administrative costs. In sum, the bill supports economic and operational efficiencies in the alcohol industry without creating new financial obligations or windfalls for public sector entities.

Vote Recommendation Notes

HB 4773 advances liberty, deregulation, and economic efficiency by removing unnecessary restrictions that prevent brewers and brewpubs from moving their own legally produced malt beverages between licensed locations they own or manage. Under current law, businesses with multiple facilities face outdated limits on how they can transfer products within their own operation, an artificial barrier that interferes with basic logistical decision-making and property rights. This bill fixes that problem by clearly authorizing the transfer of malt beverages between premises under shared ownership or management, restoring a measure of freedom to how these businesses operate.

The bill also allows those transferred beverages to be sold to customers or distributors, just as if they were produced at the receiving location. This is a sensible, liberty-oriented reform that treats business owners like responsible adults capable of managing their operations without unnecessary interference. Importantly, this bill reflects a broader philosophical shift away from treating alcohol as a uniquely dangerous product that must be routed through government-favored distribution channels. By granting breweries and brewpubs more autonomy over their own inventory, the bill moves Texas a step closer to recognizing that adults can make their own choices about alcohol production, transport, and consumption.

From a limited government standpoint, HB 4773 does not grow the scope or size of government. It does not create new regulatory bodies, expand agency authority, or impose new taxes or fees. The Legislative Budget Board has confirmed there is no significant fiscal impact to the state or to local governments. The bill simply clarifies the rights of existing license holders to operate more efficiently within the current framework, while still adhering to safety rules such as vehicle identification and compliance with motor carrier laws.

While some defenders of the three-tier system may object to allowing direct transfers and sales between locations, we reject the premise that the state must act as an intermediary in lawful, private economic transactions involving alcohol. Our position is rooted in the belief that adults, not bureaucrats, are best equipped to make responsible choices. The three-tier system, while historically justified by prohibition-era fears, is increasingly a burden on innovation, competition, and consumer access. Though this bill does not dismantle the three-tier system, it does reduce its footprint, and that alone is a meaningful improvement.

In conclusion, HB 4773 promotes individual liberty, economic freedom, and personal responsibility. It reduces regulatory entanglements, respects private property rights, and gives business owners more control over their operations, without adding cost or complexity for taxpayers. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 4773.

  • Individual Liberty: This bill removes a government-imposed barrier that restricts what licensed brewers and brewpubs can do with their own legally produced products. By allowing them to transfer malt beverages between locations they own or manage, the bill affirms the principle that individuals, and the businesses they operate, should have the freedom to make their own choices without undue interference. It treats both business owners and adult consumers as capable decision-makers, not subjects of arbitrary state control.
  • Personal Responsibility: The bill trusts license holders to manage the safe and lawful movement of their products. It does not lessen accountability or shift responsibility to the state. Businesses remain fully responsible for complying with transport safety rules, vehicle marking requirements, and existing licensing laws. Rather than create new obligations or protections, the bill recognizes that responsible adults and enterprises can operate effectively without micromanagement by regulators.
  • Free Enterprise: The bill opens up flexibility for breweries and brewpubs to scale their operations and meet market demand more efficiently. Allowing producers to move and sell their products across multiple locations they own removes artificial barriers that inhibit growth and innovation. It also gives smaller, independent producers more autonomy, levels of freedom typically enjoyed by larger entities with more resources to navigate red tape. By relaxing constraints on internal logistics and sales, the bill promotes open competition and a healthier, freer marketplace.
  • Private Property Rights: Under current law, a business may be legally prevented from transferring its own goods between its own buildings. This is an infringement on the fundamental right to control and use one’s own property. The bill corrects that by affirming that owners have the right to move their goods within their business footprint without unnecessary restrictions. This change enhances the ability of Texans to fully exercise control over their private property and resources.
  • Limited Government: Rather than expanding government authority, this bill limits it. It reduces the footprint of the state in regulating internal business operations and eliminates a specific layer of bureaucracy that currently exists without a compelling public safety justification. It does not create any new enforcement powers, agencies, fees, or oversight bodies. Instead, it reflects a trust in voluntary exchange and decentralized decision-making, hallmarks of a limited government approach.
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