83rd Texas Legislature, Regular Session, Senate Bill 516, Chapter 533 Page: 1 of 5
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CHAPTER 533 S.B. No. 516
1 AN ACT
2 relating to the distribution of ale by certain brewers.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
4 SECTION 1. The legislature finds that:
5 (1) the state is authorized under the Twenty-first
6 Amendment of the United States Constitution to promote the public's
7 interest in the fair, efficient, and competitive marketing of ale
8 in this state;
9 (2) the United States Supreme Court in Granholm v.
10 Heald, 544 U.S. 460 (2005), has recognized that the three-tier
11 system of regulating the alcoholic beverage industry is
12 unquestionably legitimat e ;
13 (3) in Granholm, the United States Supreme Court
14 further recognized that while the states are entitled to regulate
15 the production and sale of liquor within their borders, the right is16 nonetheless subject to the provisions of the Constitution of the
17 United States, including the Interstate Commerce Clause, and laws
18 regulating the alcoholic beverage industry may not discriminate
19 against out-of-state participants or give undue deference to local
20 participants and may not ignore other provisions of the
21 constitution, including the Supremacy Clause, Commerce Clause, and
22 the Privileges and Immunities Clause with its nondiscriminatory
23 principles;
24 (4) the state is authorized to promote, market, and1
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Texas. Legislature. Senate. 83rd Texas Legislature, Regular Session, Senate Bill 516, Chapter 533, legislative document, June 14, 2013; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth438411/m1/1/?rotate=0: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.