By:  Sims                                             S.B. No. 1008
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the dealings of distributors, wholesalers, or certain
    1-2  other persons with a nonprofit holder of a wine and beer retailer's
    1-3  permit.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (b), Section 102.07, Alcoholic
    1-6  Beverage Code, is amended to read as follows:
    1-7        (b)  A permittee covered by Subsection (a) may:
    1-8              (1)  furnish to a retailer without cost recipes, recipe
    1-9  books, book matches, cocktail napkins, or other advertising items
   1-10  showing the name of the permittee furnishing the items or the brand
   1-11  name of the product advertised if the individual cost of the items
   1-12  does not exceed 25 cents; or
   1-13              (2)  purchase from a nonprofit civic organization that
   1-14  holds a permanent wine and beer retailer's permit program
   1-15  advertising for a nonprofit event sponsored and presented by the
   1-16  organization in a facility owned by the organization that includes
   1-17  the premises for which the organization's wine and beer retailer's
   1-18  permit was issued.
   1-19        SECTION 2.  Section 102.15, Alcoholic Beverage Code, is
   1-20  amended to read as follows:
   1-21        Sec. 102.15.  MANUFACTURER OR DISTRIBUTOR:  PROHIBITED
   1-22  DEALINGS WITH RETAILER.  (a)  Except as provided in Subsection (b)
   1-23  of this section, no <No> manufacturer or distributor directly or
    2-1  indirectly, or through a subsidiary, affiliate, agent, employee,
    2-2  officer, director, or firm member, may:
    2-3              (1)  furnish, give, or lend any money or other thing of
    2-4  value to a person engaged or about to be engaged in selling brewery
    2-5  products for on-premises or off-premises consumption, or give the
    2-6  person any money or thing of value for his use, benefit, or relief;
    2-7  or
    2-8              (2)  guarantee the repayment of a loan or the
    2-9  fulfillment of a financial obligation of a person engaged in or
   2-10  about to be engaged in selling beer at retail.
   2-11        (b)  A distributor may purchase from a nonprofit civic
   2-12  organization that holds a permanent wine and beer retailer's permit
   2-13  program advertising for a nonprofit event sponsored and presented
   2-14  by the organization in a facility owned by the organization that
   2-15  includes the premises for which the organization's wine and beer
   2-16  retailer's permit was issued.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.