Bill Text: TX SB1198 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to intra-industry relationships between alcoholic beverage manufacturers, wholesalers, and retailers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-28 - Left pending in committee [SB1198 Detail]
Download: Texas-2015-SB1198-Introduced.html
2015S0350-T 03/02/15 | ||
By: Eltife | S.B. No. 1198 |
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relating to intra-industry relationships between alcoholic | ||
beverage manufacturers, wholesalers, and retailers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage | ||
Code, is amended by adding Section 102.011 to read a follows: | ||
Sec. 102.011. EXCEPTION: CERTAIN INTERESTS NOT PROHIBITED. | ||
(a) In this section: | ||
(1) "Affiliate" has the meaning assigned by Section | ||
1.002, Business Organizations Code. | ||
(2) "Controlling interest" has the meaning assigned by | ||
Section 171.0001(8), Tax Code. | ||
(b) Notwithstanding Section 102.01 or any other provision | ||
of this code, a person or their affiliate having an interest in a | ||
license or permit issued under this code does not have an unlawful | ||
tied house interest as a result of the person's or affiliate's | ||
ownership interest in the business of another license or permit at a | ||
different level if: | ||
(1) the person or affiliate directly or indirectly | ||
owns five percent or less of the other license or permit holder's | ||
business, assets, property, or equity; or | ||
(2) the person or affiliate indirectly owns more than | ||
five percent of the other license or permit holder's business, | ||
assets, property, or equity and: | ||
(A) the interest does not represent a controlling | ||
interest in the other business; | ||
(B) the interest does not provide the person with | ||
any ability to control the purchase or sale of alcoholic beverages | ||
by the other business. | ||
SECTION 2. Section 102.11, Alcoholic Beverage Code, is | ||
repealed. | ||
SECTION 3. This Act takes effect September 1, 2015. |