Bill Text: TX SB1493 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to delinquent payment of an alcoholic beverage retailer's account for liquor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Referred to Business & Commerce [SB1493 Detail]
Download: Texas-2013-SB1493-Introduced.html
83R10494 JAM-F | ||
By: Van de Putte | S.B. No. 1493 |
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relating to delinquent payment of an alcoholic beverage retailer's | ||
account for liquor. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 102.32, Alcoholic Beverage Code, is | ||
amended by amending Subsection (d) and adding Subsections (d-2), | ||
(d-3), and (d-4) to read as follows: | ||
(d) Each delivery of liquor shall be accompanied by an | ||
invoice giving the date of purchase. If a retailer becomes | ||
delinquent in the payment of an account for liquor, the wholesale | ||
dealer immediately shall report that fact in writing, including by | ||
electronic mail or facsimile transmission, to the commission or | ||
administrator. A wholesale dealer may not sell any liquor to a | ||
retailer who appears on the commission's list of retailers | ||
ineligible to purchase liquor under Subsection (d-4) [ |
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cleared from the records of the commission. An account becomes | ||
delinquent if it is not paid when it is required to be paid under | ||
Subsection (c). | ||
(d-2) As soon as practical after the 10th and 25th day of | ||
each month, the commission shall electronically publish a list of | ||
retailers who have been reported to the commission as being | ||
delinquent since the previous report was published. Not later than | ||
the fourth business day after the date a list is published, a | ||
retailer who appears on the list must: | ||
(1) notify the commission that the retailer was | ||
included on the list in error and submit proof to the commission | ||
showing that the retailer's account is paid in full or that the | ||
retailer's account is paid in full except for an amount that is the | ||
subject of a legitimate dispute; or | ||
(2) pay in full any legitimately reported delinquency | ||
and submit proof to the commission showing that the retailer's | ||
account is paid in full. | ||
(d-3) At 12:01 a.m. on the day immediately following the | ||
fourth business day after the date a list is published under | ||
Subsection (d-2), the commission shall add a retailer who appears | ||
on the list to the list of retailers ineligible to purchase liquor | ||
under Subsection (d-4) if the retailer fails to comply with | ||
Subsection (d-2)(1) or (2). | ||
(d-4) The commission shall electronically publish a list of | ||
retailers who are ineligible to purchase liquor because the | ||
retailers are delinquent in the payment of an account for liquor. | ||
The commission shall immediately remove a retailer's name from the | ||
list on receiving proof that the retailer's account is paid in full | ||
or that the retailer's account is paid in full except for an amount | ||
that is the subject of a legitimate dispute. | ||
SECTION 2. 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. |