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A BILL TO BE ENTITLED
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AN ACT
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relating to the manufacture, distribution, and sale of alcoholic |
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beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Alcoholic Beverage Code, is amended |
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by adding new Section 1.09 to read as follows: |
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Sec. 1.09. SEVERABILITY. If a court holds that any |
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provision of the Alcoholic Beverage Code violates the constitution |
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of this state or of the United States, the regulatory system |
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affected by the unconstitutional provision shall stay in place to |
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be as consistent with the original regulatory construct of the |
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provision and this code as is constitutionally permissible. If a |
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court rules that Section 12.05 or 62.12 impermissibly prohibits an |
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out-of-state entity from engaging in activity or receiving a |
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benefit that is permissible or granted to an in-state entity, as a |
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remedy to the court's ruling the activity shall be prohibited as to |
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both in-state and out-of-state entities. |
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SECTION 2. Section 102.75, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 102.75. PROHIBITED CONDUCT. No manufacturer shall: |
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(1) induce or coerce, or attempt to induce or coerce, |
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any distributor to engage in any illegal act or course of conduct; |
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(2) require a distributor to assent to any |
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unreasonable requirement, condition, understanding, or term of an |
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agreement prohibiting a distributor from selling the product of any |
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other manufacturer or manufacturers; |
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(3) fix or maintain the price at which a distributor |
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may resell beer; |
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(4) discriminate in price, allowance, rebate, refund, |
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commission, discount, or service between wholesalers licensed in |
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Texas. As used in this subsection, "discriminate" means the |
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granting of a more favorable price, allowance, rebate, refund, |
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commission, discount, advertising funds, promotional funds, |
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service, or actual net freight cost of delivery from the closest |
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geographical brewery to the wholesaler's designated delivery |
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warehouse to one Texas wholesaler than to another Texas wholesaler; |
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(5) accept payment or agreement to bear any costs in |
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exchange for the territorial assignment of a brand to a |
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distributor; |
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(6) fail to provide to each distributor of its brands a |
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written contract which embodies the manufacturer's agreement with |
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its distributor; |
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[(5)](7) require any distributor to accept delivery of |
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any beer or any other item or commodity which shall not have been |
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ordered by the distributor. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |