2005 Texas Alcoholic Beverage Code CHAPTER 63. NONRESIDENT MANUFACTURER\'S LICENSE

ALCOHOLIC BEVERAGE CODE

CHAPTER 63. NONRESIDENT MANUFACTURER'S LICENSE


	§ 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, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1979, 66th Leg., p. 1969, ch. 777, § 11, eff. 
Aug. 27, 1979.


	§ 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, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1350, ch. 278, § 39, eff. 
Sept. 1, 1983.


	§ 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, § 1, eff. Sept. 1, 1977.            


	§ 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, § 1, eff. Sept. 1, 1977.            


	§ 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, § 7, eff. June 18, 2005.