1-1 By: Sims S.B. No. 1008
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on State Affairs; May 5, 1993,
1-4 reported favorably by the following vote: Yeas 7, Nays 0;
1-5 May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the dealings of distributors, wholesalers, or certain
1-24 other persons with a nonprofit holder of a wine and beer retailer's
1-25 permit.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subsection (b), Section 102.07, Alcoholic
1-28 Beverage Code, is amended to read as follows:
1-29 (b) A permittee covered by Subsection (a) may:
1-30 (1) furnish to a retailer without cost recipes, recipe
1-31 books, book matches, cocktail napkins, or other advertising items
1-32 showing the name of the permittee furnishing the items or the brand
1-33 name of the product advertised if the individual cost of the items
1-34 does not exceed 25 cents; or
1-35 (2) purchase from a nonprofit civic organization that
1-36 holds a permanent wine and beer retailer's permit program
1-37 advertising for a nonprofit event sponsored and presented by the
1-38 organization in a facility owned by the organization that includes
1-39 the premises for which the organization's wine and beer retailer's
1-40 permit was issued.
1-41 SECTION 2. Section 102.15, Alcoholic Beverage Code, is
1-42 amended to read as follows:
1-43 Sec. 102.15. MANUFACTURER OR DISTRIBUTOR: PROHIBITED
1-44 DEALINGS WITH RETAILER. (a) Except as provided in Subsection (b)
1-45 of this section, no <No> manufacturer or distributor directly or
1-46 indirectly, or through a subsidiary, affiliate, agent, employee,
1-47 officer, director, or firm member, may:
1-48 (1) furnish, give, or lend any money or other thing of
1-49 value to a person engaged or about to be engaged in selling brewery
1-50 products for on-premises or off-premises consumption, or give the
1-51 person any money or thing of value for his use, benefit, or relief;
1-52 or
1-53 (2) guarantee the repayment of a loan or the
1-54 fulfillment of a financial obligation of a person engaged in or
1-55 about to be engaged in selling beer at retail.
1-56 (b) A distributor may purchase from a nonprofit civic
1-57 organization that holds a permanent wine and beer retailer's permit
1-58 program advertising for a nonprofit event sponsored and presented
1-59 by the organization in a facility owned by the organization that
1-60 includes the premises for which the organization's wine and beer
1-61 retailer's permit was issued.
1-62 SECTION 3. The importance of this legislation and the
1-63 crowded condition of the calendars in both houses create an
1-64 emergency and an imperative public necessity that the
1-65 constitutional rule requiring bills to be read on three several
1-66 days in each house be suspended, and this rule is hereby suspended,
1-67 and that this Act take effect and be in force from and after its
1-68 passage, and it is so enacted.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 May 5, 1993
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Committee on State Affairs to which was referred S.B.
2-9 No. 1008, have had the same under consideration, and I am
2-10 instructed to report it back to the Senate with the recommendation
2-11 that it do pass and be printed.
2-12 Harris of
2-13 Dallas, Chairman
2-14 * * * * *
2-15 WITNESSES
2-16 FOR AGAINST ON
2-17 ___________________________________________________________________
2-18 Name: Troy Ottmers x
2-19 Representing: Gillespie County Fair
2-20 City: Fredericksburg
2-21 -------------------------------------------------------------------
2-22 Name: Milton Jung x
2-23 Representing: Gillespie County Fair
2-24 City: Fredericksburg
2-25 -------------------------------------------------------------------
2-26 Name: Gregory Knopp x
2-27 Representing: Gillespie County Fair
2-28 City: Fredericksburg
2-29 -------------------------------------------------------------------