A Historic Day for Texas Brewpubs

Today was a historic day in Texas. A brewpub loaded some of its beer onto a truck and delivered it to another bar.

That beer delivery might not seem like a big deal to those of y'all reading this from a state like California or Oregon, but it's a new thing for us Texans. Brewpubs were legalized in Texas in 1993, but they were forbidden from selling their products anywhere but the brewpub itself.

This created a really maddening situation where we Texas craft beer lovers would walk into our local stores and see brewpub beers from other states — like, say, California's Bear Republic — but not from the brewpub that was mere blocks away. It almost felt insulting.

Multiple attempts to change this law met failure until last year, during the 83rd Texas Legislature. I'm very proud that my boss, state Senator Leticia Van de Putte of San Antonio, was one of the key players in getting this law changed. (She's running for Lieutenant Governor this year — if you're a Texas beer lover, she's definitely the candidate for whom you should vote. Also deserving a huge tip of the hat is Senator Kevin Eltife, the lead author on the bill.)

The Texas Tribune has an article about today's historic beer delivery, and of the great economic boon that the package of brewery laws passed last session could bring to our state. Give it a read here.

Back in the writing game

Hello loyal readers (the few of you that are left). As you may remember, I was for about three years the beer writer for The Austin Chronicle, the alt-weekly in beautiful Austin, Texas. Today I'm happy to announce that I'm back in the beer-writing game, again for an alt-weekly: On Wednesday, I took over as the beer columnist for the San Antonio Current. It may seem odd for an Austin-based writer to be covering brew for a San Antonio paper, but since I work for a state senator from San Antonio, I'm down there quite a bit.

In fact, my first column is about my boss, and some really great beer-friendly laws she helped pass in the recently ended legislative session. Read about it here.

TABC Issues Interim Guidelines After Jester King Verdict

As most craft beer lovers in Texas know, Austin's Jester King Brewing, Zax (a bar/restaurant), and Authentic Beverages (a distributor) recently won a partial victory in a lawsuit against the Texas Alcoholic Beverage Commission, in which a judge overturned laws that required brews to be arbitrarily labeled "beer" or "ale" according to alcohol content rather than brewing method and which banned brewers from informing consumers where their products could be purchased.

In light of that ruling, the TABC has issued a bulletin handing down interim guidelines on how brewers should label their products going forward, to be replaced by more permanent rules following a meeting on January 27.

The highlights: Brewers may either continue following the old labeling rules, or they may put the alcohol by volume on the label and "designate the product by the appropriate class or style that is recognized in the brewing industry." Also, 5.1% ABV will be the new dividing line for defining what "will be considered beer in Texas for regulatory purposes."

Also, brewers may now list ABV in advertising, and where their beer can be bought, as long as they don't receive money from the retail outlets listed in such ads.

The full bulletin may be downloaded at http://ow.ly/8kZh1

Partial Victory in Jester King Case

Yesterday, U.S. Judge Sam Sparks handed down his ruling in the Jester King et al v. TABC case. Unfortunately, he did not rule in favor of craft brewers on the most important part of the case — the section seeking to allow brewers to better sell their products, giving them rights on par with wineries. However, he at least agreed with Jester King on the First Amendment issues, ending the practice of forcing brewers to inaccurately label their products and freeing them to finally tell consumers where their products may be found.

Pasted below is Jester King's commentary on the decision, followed by comments from Texas state Senator John Carona of Dallas, chairman of the committee that oversees alcohol regulation in the Senate.

To read the full ruling, click here: http://courtweb.pamd.uscourts.gov/courtwebsearch/txwd/08866076.pdf

Full disclosure: I am no longer an objective journalist (okay, I was never really all that objective) looking at this issue from the outside. I got laid off from The Austin Chronicle in August (although I continue to review beer for them on a freelance basis), and on Dec. 1, I began employment as the Communications Director for Sen. Leticia Van de Putte of San Antonio.

Yesterday afternoon, Judge Sam Sparks of the United States District Court for the Western District of Texas issued his final judgment on the case that Jester King Brewery and our two co-plaintiffs, Authentic Beverage Company and Zax Restaurant & Bar, filed against the Texas Alcoholic Beverage Commission. With respect to all of the First Amendment challenges to the current state law, he ruled in our favor, declaring the statutes and TABC rules in question unconstitutional and therefore invalid. Congratulations and many thanks to our attorneys, Jim Houchins of Houchins Law and Pete Kennedy of Graves Dougherty Hearon & Moody for taking on this case and for all of the hard work that they put in. Thanks also to Pete’s firm for supporting his efforts and to Jim’s associate, Rachel Fisher, for all of her hard work and diligent research.

As of result of yesterday’s ruling, beer in Texas may now be labeled as “beer” and ale may now be labeled as “ale”, regardless of alcohol content. Breweries and distributors are also no longer prohibited from independently telling consumers where their products may be purchased, or from communicating truthful and accurate information about their alcohol content. That means Jester King will now be able to add a “Where to Buy” section to our website, as will all other breweries selling beer in Texas.

“In a remarkable (though logically dubious) demonstration of circular reasoning” Judge Sparks writes in his ruling, “TABC attempts to defend the constitutional legitimacy of the Code through an appeal to the statutory authority of the Code itself.” Referring to the required use of the terms “beer”, “ale”, and “malt liquor”, he writes “TABC’s argument, combined with artful legislative drafting, could be used to justify any restrictions on commercial speech. For instance, Texas would likely face no (legal) obstacle if it wished to pass a law defining the word ‘milk’ to mean ‘a nocturnal flying mammal that eats insects and employs echolocation.’ Under TABC’s logic, Texas would then be authorized to prohibit use of the word ‘milk’ by producers of a certain liquid dairy product, but also to require Austin promoters to advertise the famous annual ‘Milk Festival’ on the Congress Avenue Bridge.’”

We were disappointed, but not too surprised, that Judge Sparks ruled against our claims that Texas’s disparate treatment of breweries and brewpubs violated the Equal Protection Clause and that its treatment of foreign breweries violated both the Equal Protection Clause and the Commerce Clause. The TABC never gave any reason why Texas should be able to prohibit craft brewers from selling beer to customers on-site, while allowing wineries to do so, or why Texas should be able to favor foreign wineries over foreign breweries, and Judge Sparks did not speculate on why that might be. But the legal standards are different and more demanding for challenges brought under the Equal Protection Clause than the First Amendment, and we were unable to persuade Judge Sparks to strike down these discriminatory laws. We were encouraged, however, by Judge Sparks’s observation that “The State of Texas is lucky the burden of proof was on [the Plaintiffs] for many of its claims, or else the Alcoholic Beverage Code might have fared even worse than it has.”

We’re pleased to have helped to bring about at least a few long overdue changes in the antiquated and often inconsistent Texas Alcoholic Beverage Code, but small brewers still face many unjust and unnecessary obstacles that need to be removed before we can stand on equal footing with Texas winemakers and brewers in other states. Measurable progress was made with yesterday’s decision, but much more is still needed. We don’t yet know what, if anything, will happen next on the legal front. That’s something that we’ll need to discuss with our attorneys. In the meantime, though, it’s not too early to start thinking about the 2013 legislative session, with the hope that this case will help to bring some momentum for further change. For the first time, Texas consumers finally have a well-organized grassroots organization that’s working to modernize the Beverage Code. We, at Jester King Craft Brewery, will continue to do everything we can to support the efforts of Open the Taps and we encourage everyone who is reading this to do the same.

And here is the statement from Sen. Carona:

"A Federal Court has ruled that Texas' laws regarding the advertising and labeling of beer are flawed. In the case of Authentic Beverages Co. vs. TABC, the Judge awarded a summary judgment that certain laws directing the labeling and advertisement of beer are unconstitutional. While the three-tier system of manufacturer, distributor, and retailer has served Texas well since the end of Prohibition, it is an open question how well the Texas Alcoholic Beverage Code reflects today's reality of Internet sales and the growth of the craft brewing industry. The Court's ruling suggests this is a topic that may be taken up by the 83rd Legislature."

Open the Taps: A Political Movement

You probably already know about this, because I'm a little late to this party and every one else has already written about it. Sorry, I'm on vacation right now, and can't overcome an inertia that only allows either swimming, or lying on the couch and reading, or drinking beer. But here's the quick and dirty: A nonprofit group called Open the Taps — a successor, I suppose, to Friends of Texas Microbreweries? — has formed in order to "act as an advocate for craft beer enthusiasts in Texas within the bounds of the multi-tier system and the legislative process."

In other words, they're getting organized now in hopes of changing Texas absurd laws regarding microbreweries and brewpubs, laws that unfairly restrict their ability to grow their businesses, in the 2013 legislative session. Attempts at reform have been killed by certain distributors who insist Texas cling to its outdated "three-tier" distribution system (requiring that producers, distributors, and retailers be kept separate). Do a search on my blog or on the website of The Austin Chronicle to see my coverage of bills that failed at the Lege this past spring.

Since I'm feeling too lazy to do a big write-up right now, I'll direct you to the reporting of the Houston Chronicle's Ronnie Crocker. The killer quote, which will likely become the official battle cry, from Houston's Ted Duchesne of the Barley Vine blog: "The fourth tier wants to speak up."

My vacation ends next week. I promise to resume being a better beer blogger and reporter when I return.

HB 602 Is Dead

BTW, in case you missed it: The deadline to get out of the Senate for House Bill 602 – which would have allowed Texas microbreweries to give away up to 144 ounces of beer to take home as a parting gift after paid admission tours – was yesterday. House Bill 602 is dead.

Combined with the failure of a bill that would have allowed brewpubs to distribute their beers and another bill that would have given microbrewers what they really want – the right to retail sales on brewery premises – the Texas Legislature has once again done wrong to our state's small businesses and consumers. In fact, the only thing they accomplished beer-related was to take away a tax exemption for microbrewers. Way to go, Lege.

HB 602 on Today's Senate Intent Calendar

House Bill 602, the bill that would allow Texas microbrewers to give away take-home samples of their beer at the end of a paid-admission brewery tour, is on the "intent" calendar in the Texas Senate today. That means it could come to the floor for debate. If you'd like to watch the Senate session and can't make it to the Capitol, you can view it here. Also, if you live in Austin, you can watch it on cable channel 22. The session begins at 11am, but there's no way to know when 602 will come up, if at all.

If you've been following this drama, you know this has been a long, hard slog — several tries to allow actual retail sales on brewery premises have failed over the years (despite the fact that wineries are allowed to do so), and this bill is a compromise to appease the powerful Wholesale Beer Distributors of Texas lobbying group, which blocked those previous efforts. This bill is not ideal, but it's a step in the right direction.

And the bill is not out of the woods yet. Although it passed the House easily, brewing big boy Anheuser-Busch objected to it in Senate committee, saying that language limiting the bill's privileges only to brewers that produce not more than 75,000 barrels per year discriminates against it. And frankly, I suspect even the slightest change in language will cause WBDT to turn against it. Also troubling: The bill was recommended for the "local & uncontested" calendar, where uncontroversial bills get sent to near-certain passage. Instead, it ended up on the "intent" calendar, which means someone wants to actually debate it.

And even if it does pass, then it has to get past the veto pen of Gov. Rick Perry. Yes, there are still plenty of landmines still in the path of this bill becoming law. Stay tuned.

It's Alive! HB 602 Moves Out of Committee

I reported last week that House Bill 602, which would benefit Texas microbrewers, ran into serious trouble week at the Legislature. Well, good news: Somehow (I'm still chasing the story), the bill moved out of Senate committee this morning, reported favorably without amendments, and has been recommended for the "Local & Uncontested" calendar. I have more details on The Austin Chronicle's Newsdesk blog, please go give it a read.

Next up: It needs to pass the Senate. If the Senate makes any amendments — presumably it won't, if it's on Local & Uncontested [UPDATE: I've been told by the office of bill author Rep. Jessica Farrar that being on "local and uncontested" is not a guarantee of smooth passage. It could also end up on the "intent" calendar, which meanst it will be debated. The spokesman said "some senators are not fully convinced." — it would have to go to conference committee to iron out the differences with the House version, and then to the governor's desk for passage or a veto. This bill definitely isn't out of the woods yet, but this is a hopeful sign.

HB 660 Is Dead, HB 602 Hits a Hurdle

I'm really sorry to be the bearer of bad news, but brace yourself: House Bill 660 is dead. And HB 602 is in trouble.

HB 660 is the bill in the Texas Legislature that would have allowed Texas brewpubs to sell their beer off-premises. Right now, they can only sell at the pub — a frustrating situation, since out-of-state brewpubs can bottle their product, send it to a distributor, and get it on store shelves in Texas, while Texas brewpubs cannot. As Scott Metzger of Freetail Brewing, one of the leaders of the HB 660 movement, told me: "If I wanted to increase the reach of my beer in Texas, the best thing for me to do is move out of Texas."

The bill is stuck in committee due to completely idiotic opposition from the Wholesale Beer Distributors of Texas (WBDT), which so fears any change to Texas' "three-tier" system — which mandates legal separation between producers, distributors, and retailers — that they're willing to kill a bill that would bring them more business. (A more sensible distributor group, the Beer Alliance of Texas, supported the bill.)

At this point, being stuck in committee is a death sentence — the official deadline for House bills to get out of committee was Monday. That's because the legislative session ends May 31, and there wouldn't be time between now and then to move the bill through the House, then through the Senate committee, and then through the Senate, and then through conference committee. (The Texas Lege only meets for 140 days every two years.) The only hope left now is to attach the bill as an amendment to another bill, and a spokesman for HB 660 author Rep. Mike Villarreal told me that he doesn't anticipate that happening.

Now, for the bad but not-yet-tragic news: HB 602 is in a bad place. That's the bill that would allow Texas microbreweries to kinda-sorta "sell" their product on-premises. As I've explained before, the bill wouldn't really allow retail sales, but would allow up to a 12-pack of beer to be given away to visitors at the end of a paid-admission brewery tour, thus technically preserving the three-tier separation and procuring WBDT support. But also to get WBDT support, the bill was amended in House committee to limit this privilege to brewers who produce no more than 75,000 barrels a year. That change, unfortunately, has brought opposition from another big power in the beer world: Anheuser-Busch, which feels the law discriminates against them. The bill has been left pending in Senate committee while the involved parties haggle things out.

I'll have a more detailed report on the HB 602 situation tomorrow in the News section of The Austin Chronicle.

(UPDATE: The Chronicle report is here.)

(photo copyright Lee Nichols)

My Latest Beer News Column

Hey all, the latest version of my "Beer Flights" column is in today's Austin Chronicle.

This month's topics:

• A remembrance of Pierre Celis
• A brief update on beer bills in the Texas Legislature
• The launch of the Austin Beer Guide.

Please check it out.

HB 602 Makes It Out of Committee

House Bill 602, which would let Texas microbrewers "give away" up to two cases of their product to visitors after a paid-admission brewery tour, was "reported favorably as substituted" from the Licensing & Administrative Procedures Committee this afternoon. (True sales to consumers — i.e., just buying some beer, sans tour — would still be prohibited, unfortunately.)

For those of you who unfamiliar with the Texas legislative process: "reported favorably as substituted" means that a somewhat different version of the bill than what is currently shown on the state's website was substituted (a common practice), and that's what was voted out of committee. I don't know what the differences are between the original bill and the committee substitute. I will try to get a hold of that text ASAP.

(UPDATE: Okay, I have obtained the committee substitute language. Differences between the original and the substitute:

• Limits the bill to breweries producing 75,000 barrels or less annually. That would exclude Spoetzl (Shiner), which has probably grown well past the point that it needs the help this bill would offer anyway.
• Reduces the amount that may be given away from two cases to a 12-pack. And actually, the language is changed from "48 12-ounce bottles" to "a total of 144 ounces." The removal of "12-ounce bottles" from the language is an attempt to help the several Texas breweries who currently do not bottle, such as Live Oak or 512.)
  

Now the bill goes to the Calendars Committee, which will then decide whether to schedule it for debate and a vote on the House floor.

This is not a perfect bill for microbrewers — HB 2436 by Austin Rep. Eddie Rodriguez would be much better, as it would allow true sales — but with the powerful Wholesale Beer Distributors of Texas standing in the way, this might be the best craft beer lovers can do for now. (More on this topic in a future blog post.)

Neither of these bills should be confused with HB 660, which would allow brewpubs to sell their beers off-site (i.e., distributed to stores and other bars). That bill is still pending in the same committee, and unlike HB 602, still faces opposition from WBDT.

Benefit Concert for HB 660

Poster for a concert that would benefit House Bill 660, the legislation that would allow Texas brewpubs to sell their products in stores and other bars, and put them on a level playing field with out-of-state brewpubs:

HB 602 and 660: Austin Chronicle Write-up

I just posted my write-up of yesterday's hearing on House Bills 602 and 660 at the Texas Legislature to The Austin Chronicle's Newsdesk blog. Read it here. It offers more detail and quotes than my post from yesterday.

(Pictured: Scott Metzger of San Antonio's Freetail Brewing and executive director of Texas Beer Freedom.)

HB 602 and 660: Texas Brewers Make Their Case

Texas brewers went to the state House Licensing and Administrative Procedures Committee today and made their case in favor of House Bills 602 and 660.

Now, normally I wouldn't wish sitting through a committee hearing of the Texas Legislature on my worst enemy, but seriously: If you're a lover of our state's craft beer and interested in these bills, you should watch the entire hearing on HB 660. (The HB 602 portion is less interesting because it had no opposition.) Click here and go to 26:35, when the 660 testimony begins.

Why would you want to do a thing like that? Because unlike most hearings, which are tedious and filled with technical mumbo-jumbo and good cures for insomnia, this was exactly the opposite: The proponents of 660 (including many beer distributors) were clear and concise in making their points, very effective. By contrast, the opposition — that is, the Wholesale Beer Distributors of Texas lobbying group, and no one else — were completely ineffective. I don't say that just because I support the bill, I actually mean that objectively. I really expected WBDT's attorney to get up and say something devastating, some bit of logic we hadn't thought of before, that would send 660 supporters scrambling for a counter-argument. It never happened.

The supporters' case:

• It's good for Texas businesses, and will end the state's current discrimination against its own brewers in favor of out-of-state ones. It was hilarious to watch El Paso Rep. Chente Quintanilla struggle to comprehend why non-Texan brewpubs can sell their beer in Texas stores, but Texas brewpubs can't. I'd say mark him down as a supporter.
  
• And if it's good for Texas business, then it's good for tax revenue, which the state badly needs right now.
• The bill would actually put more money in the hands of distributors, which is why the Beer Alliance of Texas, another distributor lobbying group, favors it.
• Brewpubs in other states have grown to be national success stories, such as California's Bear Republic. That will never happen if HB 660 does not pass.

The opposition's case seemed to be: The three-tier system should be preserved exactly as it is because … it just should. Seriously, that was really it. The WBDT attorney's main point was that the three-tier regulatory scheme divides manufacturers from distributors from retailers, and that brewpubs are retailers, and should not be allowed to have legal status as manufacturers. Bill author Mike Villarreal of San Antonio pointed out the obvious: “House Bill 660 will allow Texas brewpubs to be recognized for who they are. They manufacture beer.”

Now, go write to your state legislators (and the committee members) and tell them you want these bills passed.

Texas Brewers Lobbying Right Now at the Capitol

Press release from Texas Beer Freedom about its activities today at the Capitol:

Texas Beer Freedom supporters host advocacy day in support of HB 660

AUSTIN, TX - Texas brewpub owners and supporters visit the Texas State Capitol in support of HB 660, authored by Rep. Villarreal (D) and Rep. John Garza (R) of San Antonio, to discuss the 64 million dollar impact for the Texas state budget.

"We have a chance to grow small businesses and give consumers access to great Texas beers. I believe in government rules that protect consumers and encourage competition, but our current brewpub laws do the opposite. It's time for a change," said Rep. Villarreal.

House Bill 660 affords our state with an easy opportunity to inject up to $57 million annually in new tax revenues into our state budget. Thatʼs on top of the $7 million of annual tax revenues that our brewpub members currently inject into the state budget. Davis Tucker, NXNW brewpub owner said, “HB 660 wouldnʼt just enable Texas brewpubs to expand their local businesses and create 6,800 new jobs, it would lead to an eightfold improvement in the tax revenue we would provide to the state coffers.”

Texas brewpub supporters from across the state, Denton to San Antonio, will attend the Texas Beer Freedomʼs lobby day. Supporters will testify at the Licensing and Administrative Procedure Committee hearing for HB 660 and then meet with legislators.

“This is an issue for all small businesses facing unfair restrictions,” said Scott Metzger, Freetail Brewing owner. “The state government shouldnʼt limit our right to a free market when brewpubs contribute 7 million annually in tax revenue.”

“HB 660 will allow Texas brewpubs to distribute their beer via the three-tier system in the state they brew it in,” said Lou Dicello, Uncle Billyʼs co-owner. “This will allow our great locally brewed beer to be purchased in Texas and expand our tax contribution to estimates of 64 million annually.”

Texas Beer Freedom is a grassroots effort to support Texas craft beer industry, founded by local brewpub owners Scott Metzger, Lou Dicello, Davis Tucker, Joey Villarreal and Rick Engel. Supporting proposed legislation, TX 82(R) HB 660, is currently the primary focus.This legislative action would allow Texas brewpubs to sell their beer to wholesalers and distributors.

HB 602 and 660 Hearings Delayed

The public hearings at the Texas Capitol on House Bills 602 and 660 have been delayed until approximately 11:30am and 1pm today, respectively.

If you read my post about the hearings being this morning at 8:05am, and you took precious time out of your day to be there this morning, I apologize. As a long-time attendee of such hearings (my real-life job is political reporting), I should have known better than to suggest in that post that "you shouldn't have to wait too long to speak." Legislators are trying to juggle a million things at once, so things change rapidly.

You may be frustrated that you couldn't stick around and put in your two cents on the bill, and wondering why this happened:

• To deal with the conspiracy theorists among you: Yes, sometimes hearings get moved as a tactic to make it harder for people who want to testify for or against a bill. It's entirely possible this is what happened. However, since this bill is really pretty small change in the larger Lege world of budget deficits, school funding, health and human services, etc., I'm doubtful of this one.
• The reason I was given, and the more likely one: The committee chair, Rep. Mike "Tuffy" Hamilton, saw how many people wanted to testify, and knew they'd never get done before the House gavels into session at 10am. So he moved hearings until after the floor session is done so that testimony could go uninterrupted.

If you came to the Capitol this morning and left, I hope you can make it back. If you do, please bear in mind the lesson from this morning: Those announced hearing times are approximate. The actual resumption time will depend on how quickly the House gets its business done, and how long it takes the committee to deal with any other bills that come before it.

EDIT: I just thought of a couple more points to make:

• If you intend to come back for the committee hearing and want to be there for the whole thing, I recommend you eat a good meal first, because they likely won't break for lunch between 602 and 660. The committee members usually just disappear into the back room to get some lunch, so they don't have to break. No food for you, though. I recommend the Capitol Cafeteria, which is just right up the stairs from the committee hearing room.
• If you want to watch the hearing from home, you may do so by going here. You'll need RealPlayer software installed to view the streaming video. It's free. Look for the Committee on Licensing & Administrative Procedures. If you want to watch it later, go down to "Archived Broadcasts" and click on "Recent Committee Broadcasts."
  

HB 602 and 660 Scheduled for Public Hearing

Hey beer lovers, can you get yourself out of bed and get to the Texas State Capitol early next Tuesday morning to support freedom for Texas beer brewers and consumers? A public hearing for House Bills 602 and 660 is scheduled for Tuesday, March 22, at 8:05am, before the Licensing and Administrative Procedures Committee. It will be held in the Capitol Extension, Room E2.012. (The extension is the part that is underground, to the north of the historic capitol building. Go into the main Capitol, and have someone point you either to the stairs or the elevators. This map page might be helpful.)

If you support these bills — and if you're reading this blog, you probably do — and you're a Texan, you should go down there and either sign up to speak on behalf of the bill, or if you don't want to testify, at least sign a card indicating your support. Remember, be polite and respectful and explain why this would be good for business and consumers.

Both bills are scheduled fairly early on the agenda, so unless the first bill is controversial, you shouldn't have to wait too long to speak.

(UPDATE: A reminder from craft beer lover Courtney Forsell: "Make sure to come early to get through security and find the room! If you're not familiar with the building, this is in the Capitol extension. Enter the Capitol like normal, but take the elevator down to E2. Walk almost all the way down the hall and right before you get to the outdoor rotunda the room will be on the right.")

Another On-Site Sales Bill Filed in Texas Legislature

So far during the Texas legislative session, I've been following House Bills 602 and 660. The former would allow, as I've been putting it, "kinda-sorta" allow microbreweries to sell their product on-premises. (Currently, they must go through a distributor to sell to the ultimate consumer.) I say "kinda-sorta" because 602 actually explicitly bars direct sales at the brewery (as a sop to the distributors' lobby), but allows breweries to charge admission for a tour, and then give away product at the end of the tour. But on Monday, Austin Rep. Eddie Rodriguez filed a true on-site sales bill, HB 2436. The bill adds language stating that brewers may "sell beer produced under [a brewers'] license to those persons to whom the holder of a wine and beer retailer's permit may sell beer […]"

Due to Texas' goofy legal definitions of what constitutes "beer," "ale," and "malt liquor" (which have nothing to do with how brewers actually use those terms) the bill also has similar language making the same allowances for malt liquor.

Given the iffy chances of 602 passing, I'm sure 2436 has even far less of a chance, but Rodriguez has a history of filing bills that have no real chance of passing but need to be filed anyway just because they are good ideas – as he put it to me in a discussion about another, non-beer-related bill, he likes to "keep the conversation going." And let's face it, allowing businesses to sell directly to their actual customers is a good idea. Getting 602 passed would be nice, but eventually, Texas microbrewers must be allowed true on-site sales.

House Brown 660

So apparently there's this new beer on the Texas market called House Brown 660. But it's not just one beer – different brewpubs each have their own recipe, but they're all using the same name to promote House Bill 660 in the Texas Legislature, a bill that would allow brewpubs to sell their beer 0ff-premises, i.e., at your local grocery store, liquor store, or other bars.

As I've noted in previous posts, it's a good piece of legislation that would remove silly obstacles to allowing these businesses to grow. If you're a craft beer-loving Texan, or even if you just support small businesses' right to reach more customers, then you should write to your state representative and state senator right now and declare your support for it. (And for HB 602, which would kinda-sorta allow microbreweries to sell their product on-premises. Click here for fuller descriptions of both.)

I think North by Northwest served up a cask version Monday night. And tonight (Thursday), here in Austin, you can get Black Star Co-op's version of House Brown 660. Head on over there and grab a pint to show your support. Or, if you'd like to make your own, head to Austin Homebrew Supply and pick up the ingredients and a recipe for yet another take on it.

But most of all, get involved and get these bills passed!

KENS-TV Coverage of "Rally for Beer Freedom"

A good crowd turned out for Friday night's Rally for Beer Freedom, in support of HB 660, in San Antonio. Check out the coverage from KENS-TV: