Bill Text: TX SB639 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the sale of beer, ale, and malt liquor by a brewer or beer manufacturer to a wholesaler or distributor and contractual agreements between those entities.
Spectrum: Slight Partisan Bill (Democrat 16-7)
Status: (Passed) 2013-06-14 - Effective immediately [SB639 Detail]
Download: Texas-2013-SB639-Comm_Sub.html
Bill Title: Relating to the sale of beer, ale, and malt liquor by a brewer or beer manufacturer to a wholesaler or distributor and contractual agreements between those entities.
Spectrum: Slight Partisan Bill (Democrat 16-7)
Status: (Passed) 2013-06-14 - Effective immediately [SB639 Detail]
Download: Texas-2013-SB639-Comm_Sub.html
By: Carona, et al. | S.B. No. 639 | ||
(Geren, N. Gonzalez of El Paso, Guerra, Gooden, | |||
Herrero, et al.) |
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relating to the sale of beer, ale, and malt liquor by a brewer or | ||
beer manufacturer to a wholesaler or distributor and contractual | ||
agreements between those entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 102.75, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 102.75. PROHIBITED CONDUCT. (a) No manufacturer | ||
shall: | ||
(1) induce or coerce, or attempt to induce or coerce, | ||
any distributor to engage in any illegal act or course of conduct; | ||
(2) require a distributor to assent to any | ||
unreasonable requirement, condition, understanding, or term of an | ||
agreement prohibiting a distributor from selling the product of any | ||
other manufacturer or manufacturers; | ||
(3) fix or maintain the price at which a distributor | ||
may resell beer; | ||
(4) fail to provide to each distributor of its brands a | ||
written contract which embodies the manufacturer's agreement with | ||
its distributor; | ||
(5) require any distributor to accept delivery of any | ||
beer or any other item or commodity which shall not have been | ||
ordered by the distributor; | ||
(6) adjust the price at which the manufacturer sells | ||
beer to a distributor based on the price at which a distributor | ||
resells beer to a retailer, but a manufacturer is free to set its | ||
own price so long as any price adjustment is based on factors other | ||
than a distributor's increase in the price it charges to a retailer | ||
and not intended to otherwise coerce illegal behavior under this | ||
section; or | ||
(7) accept payment in exchange for an agreement | ||
setting forth territorial rights. | ||
(b) Nothing in this section shall interfere with the rights | ||
of a manufacturer or distributor to enter into contractual | ||
agreements that could be construed as governing ordinary business | ||
transactions, including, but not limited to, agreements concerning | ||
allowances, rebates, refunds, services, capacity, advertising | ||
funds, promotional funds, or sports marketing funds. | ||
(c) It is the public policy and in the interest of this state | ||
to assure the independence of members of the three-tier system, but | ||
nothing in this code may be construed to prohibit contractual | ||
agreements between members of the same tier who hold the same | ||
licenses and permits. | ||
SECTION 2. (a) Subject to Subsection (b) of this section, | ||
this Act takes effect immediately if it receives a vote of | ||
two-thirds of all the members elected to each house, as provided by | ||
Section 39, Article III, Texas Constitution. If this Act does not | ||
receive the vote necessary for immediate effect, this Act takes | ||
effect September 1, 2013. | ||
(b) The changes in law made by this Act take effect only if | ||
each of the following bills is enacted and becomes law: | ||
(1) Senate Bill No. 515, House Bill No. 1763, or | ||
another similar bill of the 83rd Legislature, Regular Session, | ||
2013, that allows holders of brewpub licenses to self-distribute | ||
beer, malt liquor, or ale produced under the license to retailers; | ||
(2) Senate Bill No. 516, House Bill No. 1764, or | ||
another similar bill of the 83rd Legislature, Regular Session, | ||
2013, that allows small brewers to sell ale to retailers; | ||
(3) Senate Bill No. 517, House Bill No. 1765, or | ||
another similar bill of the 83rd Legislature, Regular Session, | ||
2013, that allows small beer manufacturers to sell beer to | ||
retailers; and | ||
(4) Senate Bill No. 518, House Bill No. 1766, or | ||
another similar bill of the 83rd Legislature, Regular Session, | ||
2013, that allows small brewers and beer manufacturers to sell beer | ||
and ale to ultimate consumers. |