ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 63.  NONRESIDENT BREWER'S LICENSE

Sec. 63.01.  AUTHORIZED ACTIVITIES.  (a) The holder of a nonresident brewer's license may transport or cause to be transported malt beverages into Texas only to holders of brewer's or distributor's licenses.  The nonresident brewer's licensee may transport the malt beverages in carriers or vehicles operated by holders of carrier's permits or in motor vehicles owned or leased by the nonresident brewer.  The malt beverages 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.
(b)  The holder of a nonresident brewer's license may transport or cause to be transported malt beverages into Texas from any of the license holder's locations outside of this state under the license.  The holder is not required to hold a separate nonresident brewer's license for each location outside of this state.
(c)  The holder of a nonresident brewer's license may enter into a contract with the holder of a brewer's license under Section 62.14 and engage in any activity authorized under that section.
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.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 226, eff. September 1, 2021.
Acts 2025, 89th Leg., R.S., Ch. 1102 (H.B. 4463), Sec. 2, eff. September 1, 2025.

Sec. 63.03.  LIABILITY FOR TAXES; BOND.  The holder of a nonresident brewer's license that transports malt beverages into Texas in a motor vehicle owned or leased by the licensee is not primarily responsible for the payment of the taxes on the malt beverages, which remains the responsibility of the holder of the brewer's or distributor's license.  However, the nonresident brewer 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 malt beverages over any six-week period.
Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 227, eff. September 1, 2021.

Sec. 63.04.  APPLICATION OF CODE PROVISIONS AND RULES.  A holder of a nonresident brewer's license is subject to all applicable provisions of this code and all applicable rules of the commission which apply to holders of brewer's licenses, including rules relating to the quality, purity, and identity of malt beverages and to protecting the public health.  The commission may suspend or cancel a nonresident brewer's license and apply penalties in the same manner as it does with respect to a brewer's license.
Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 228, eff. September 1, 2021.

Sec. 63.06.  RESTRICTION AS TO SOURCE OF SUPPLY; CONSTRUCTION OF OTHER LAW.  (a)  No holder of a nonresident brewer's license may solicit, accept, or fill an order for malt beverages from a holder of a brewer's or distributor's license unless the nonresident brewer is the primary American source of supply for the brand of malt beverages that is ordered.
(b)  A nonresident brewer that is the primary American source of supply for a malt beverage is considered the brewer of the malt beverage for purposes of Subchapters C and D, Chapter 102.
(c)  In this section, "primary American source of supply" means the brewer, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler, or the exclusive agent of any of those.  To be the "primary American source of supply" the nonresident brewer must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by Texas distributors or brewers.  A product may have only one primary American source of supply to Texas.
Added by Acts 2025, 89th Leg., R.S., Ch. 1102 (H.B. 4463), Sec. 3, eff. September 1, 2025.