Industry Notice: HB 4463 changes to take effect for nonresident brewers on Sept. 1, 2025

With the passage of House Bill 4463 during the regular session of the 89th Texas Legislature, changes will take effect on Sept. 1, 2025, impacting holders of a Nonresident Brewer License (BN) and their requirements for product registration.

• Nonresident brewers will now be allowed to hold one BN license, regardless of the number of locations outside of Texas. 
• While additional out-of-state licenses may no longer be required, license holders should maintain an up-to-date list of all manufacturing and shipping locations outside Texas.
• If you currently hold multiple BN licenses, you can choose to do one of the following two options for your additional licenses:
  • Surrender them, or 
  • allow them to expire. 
• New BN applicants in contract brewing or alternating brewery proprietorship arrangements should submit a paper application: Form L-NRES, Nonresident Application. 
• Existing BN license holders that need to update an existing contract brewing or alternating brewery proprietorship arrangement should contact licensing at licensing@tabc.texas.gov. 

• As outlined in §63.06(c), nonresident brewers must be the primary American source of supply for any malt beverage they register. 
  • Beginning Sept. 1, 2025, product registration applications submitted by a nonresident brewer, should include an affidavit or sworn statement attesting that the applicant is the primary American source of supply for the malt beverage being registered. If such an affidavit or sworn statement is not included with the filed application, one will be requested. We encourage you to upload this letter with your application under the “Supporting Documents” section shown below. Please note that additional information and/or documentation may be requested to ensure compliance with the primary American source requirement.
• New agency rules governing this process will be proposed at an upcoming commission meeting. Additional guidance will be provided once any rules are adopted by the commission.