Bill Text: TX SB1776 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to prohibited discrimination in the sale of distilled spirits to holders of wholesaler's permits.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-25 - Referred to Business & Commerce [SB1776 Detail]
Download: Texas-2013-SB1776-Introduced.html
| 83R6128 JAM-F | ||
| By: Lucio | S.B. No. 1776 | |
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| relating to prohibited discrimination in the sale of distilled | ||
| spirits to holders of wholesaler's permits. | ||
| 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 102.175 to read as follows: | ||
| Sec. 102.175. PROHIBITED DISCRIMINATION IN SALE OF | ||
| DISTILLED SPIRITS TO WHOLESALERS. (a) A person who sells or offers | ||
| to sell distilled spirits to the holder of a wholesaler's permit: | ||
| (1) must: | ||
| (A) offer the distilled spirits for sale to all | ||
| holders of wholesaler's permits on the same terms; | ||
| (B) satisfy demand for particular distilled | ||
| spirits among holders of wholesaler's permits in a manner that does | ||
| not discriminate against particular permit holders; and | ||
| (C) offer the distilled spirits for sale at a | ||
| price that does not exceed the lowest price at which the person | ||
| offers the distilled spirits for sale in any other state; and | ||
| (2) may not: | ||
| (A) condition the sale of distilled spirits on an | ||
| agreement that restricts the holder of a wholesaler's permit with | ||
| respect to customers, area of distribution, or resale price or that | ||
| otherwise restrains the holder of a wholesaler's permit from | ||
| competing in trade and commerce; or | ||
| (B) offer a discount based on the quantity | ||
| purchased. | ||
| (b) Subsection (a) does not prohibit a person who sells or | ||
| offers to sell distilled spirits to a holder of a wholesaler's | ||
| permit from: | ||
| (1) refusing to sell distilled spirits to the holder | ||
| of a wholesaler's permit who is delinquent in the payment of amounts | ||
| due for previous purchases from the seller; | ||
| (2) offering to sell distilled spirits to the holder | ||
| of a wholesaler's permit under stricter credit terms than the | ||
| seller generally offers or denying credit to the holder of a | ||
| wholesaler's permit if the seller reasonably believes that the | ||
| holder of the wholesaler's permit will be unable to comply with the | ||
| otherwise applicable credit terms; or | ||
| (3) offering direct or indirect payment of marketing | ||
| fees, rebates, or other payments or credits to a holder of a | ||
| wholesaler's permit if the payments are offered to all holders of | ||
| wholesaler's permits on the same terms, which may include the | ||
| allocation of those payments among wholesalers based on the pro | ||
| rata volume of product purchased by each wholesaler from the seller | ||
| after September 1, 2007. | ||
| SECTION 2. Sections 36.08 and 37.10, Alcoholic Beverage | ||
| Code, are repealed. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
