By Yarbrough H.B. No. 2790
75R7214 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons who distribute certain alcoholic beverages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.49(b)(2), Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 (2) If such a designation has been made and approved
1-7 as to the holder of a license or permit authorizing the sale of
1-8 alcoholic beverages at retail or as to a private club registration
1-9 permit, the sharing of space, employees, business facilities, and
1-10 services with another business entity (including the permittee's
1-11 lessor, which, if a corporation, may be a domestic or foreign
1-12 corporation, but excluding a business entity holding any type of
1-13 winery permit, a manufacturer's license, or a [general, local, or
1-14 branch] distributor's license), does not constitute a subterfuge or
1-15 surrender of exclusive control in violation of Section 109.53 of
1-16 this code or the use or display of the license for the benefit of
1-17 another in violation of Subdivision (15) of Subsection (a) of
1-18 Section 61.71 of this code. This subsection shall not apply to
1-19 original or renewal package store permits, wine only package store
1-20 permits, local distributor's permits, or any type of wholesaler's
1-21 permits.
1-22 SECTION 2. Section 22.06(a), Alcoholic Beverage Code, is
1-23 amended to read as follows:
1-24 (a) Except as otherwise provided in Section 102.05 of this
2-1 code and in Subsection (b) of this section, no person who holds a
2-2 package store permit or owns an interest in a package store may
2-3 have a direct or indirect interest in any of the following:
2-4 (1) a manufacturer's, retail dealer's on-premise, or
2-5 [general, branch, or local] distributor's license;
2-6 (2) a wine and beer retailer's, wine and beer
2-7 retailer's off-premise, or mixed beverage permit; or
2-8 (3) the business of any of the permits or licenses
2-9 listed in Subdivisions (1) and (2) of this subsection.
2-10 SECTION 3. Section 24.05(a), Alcoholic Beverage Code, is
2-11 amended to read as follows:
2-12 (a) No person who holds a wine only package store permit or
2-13 owns an interest in a wine only package store may have a direct or
2-14 indirect interest in any of the following:
2-15 (1) a manufacturer's or [general, branch, or local]
2-16 distributor's license;
2-17 (2) the business of any of the licenses listed in
2-18 Subdivision (1) of this subsection.
2-19 SECTION 4. Section 61.03, Alcoholic Beverage Code, is
2-20 amended to read as follows:
2-21 Sec. 61.03. DURATION AND EXPIRATION OF LICENSE. No license
2-22 may be issued for a term longer than one year. Any license except
2-23 an [a branch,] importer's, importer's carrier's, or temporary
2-24 license expires one year after the date on which it is issued.
2-25 SECTION 5. Section 61.31(c), Alcoholic Beverage Code, is
2-26 amended to read as follows:
2-27 (c) Each applicant for an original license, other than a
3-1 [branch or] temporary license, shall pay a hearing fee of $5 to the
3-2 county clerk at the time of the hearing. The county clerk shall
3-3 deposit the fee in the county treasury. The applicant is liable
3-4 for no other fee except the annual license fee prescribed by this
3-5 code.
3-6 SECTION 6. Section 61.74(a), Alcoholic Beverage Code, is
3-7 amended to read as follows:
3-8 (a) The commission or administrator may suspend for not more
3-9 than 60 days or cancel an original or renewal [general, local, or
3-10 branch] distributor's license if it is found, after notice and
3-11 hearing, that the licensee:
3-12 (1) violated a provision of this code or a rule of the
3-13 commission during the existence of the license sought to be
3-14 cancelled or suspended or during the immediately preceding license
3-15 period;
3-16 (2) was finally convicted for violating a penal
3-17 provision of this code;
3-18 (3) was finally convicted of a felony while holding an
3-19 original or renewal license;
3-20 (4) violated Section 101.41-101.43, 101.68,
3-21 102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
3-22 rule or regulation promulgated under Section 5.40 of this code;
3-23 (5) failed to comply with a requirement of the
3-24 commission relating to the keeping of records or making of reports;
3-25 (6) failed to pay any tax due the state on any beer
3-26 the licensee [he] sold, stored, or transported;
3-27 (7) refused to permit or interfered with an inspection
4-1 of the [his] licensed premises, vehicles, books, or records by an
4-2 authorized representative of the commission;
4-3 (8) consummated a sale of beer outside the county or
4-4 counties in which the licensee [he] was authorized to sell beer by
4-5 the [his] license;
4-6 (9) purchased, sold, offered for sale, distributed, or
4-7 delivered beer while the [his] license was under suspension;
4-8 (10) permitted the use of the [his] license in the
4-9 operation of a business conducted for the benefit of a person not
4-10 authorized by law to have an interest in the business;
4-11 (11) made a false or misleading representation or
4-12 statement in an [his] original application or a renewal
4-13 application;
4-14 (12) habitually uses alcoholic beverages to excess, is
4-15 mentally incompetent, or is physically unable to manage the
4-16 licensee's [his] establishment;
4-17 (13) misrepresented any beer sold by the licensee
4-18 [him] to a retailer or to the public;
4-19 (14) with criminal negligence sold or delivered beer
4-20 to a minor; or
4-21 (15) purchased, possessed, stored, sold, or offered
4-22 for sale beer in an original package bearing a brand or trade name
4-23 of a manufacturer other than the brand or trade name of the
4-24 manufacturer shown on the container.
4-25 SECTION 7. Section 62.01, Alcoholic Beverage Code, is
4-26 amended to read as follows:
4-27 Sec. 62.01. AUTHORIZED ACTIVITIES. The holder of a
5-1 manufacturer's license may:
5-2 (1) manufacture or brew beer and distribute and sell
5-3 it in this state to the holders of [general, local, and branch]
5-4 distributor's licenses and to qualified persons outside the state;
5-5 (2) dispense beer for consumption on the premises;
5-6 [and]
5-7 (3) bottle and can beer and pack it into containers
5-8 for resale in this state, regardless of whether the beer is
5-9 manufactured or brewed in this state or in another state and
5-10 imported into Texas; and
5-11 (4) import beer into this state only from the holder
5-12 of a nonresident manufacturer's license.
5-13 SECTION 8. Section 62.03, Alcoholic Beverage Code, is
5-14 amended to read as follows:
5-15 Sec. 62.03. STATEMENT OF INTENTION. (a) Each applicant for
5-16 a manufacturer's license shall file with the [his] application a
5-17 sworn statement that the applicant [he] will be engaged in the
5-18 business of brewing and packaging beer in Texas in quantities
5-19 sufficient to make of the applicant's [his] operation that of a
5-20 bona fide brewing manufacturer within three years of the issuance
5-21 of the [his] original license. If the applicant is a corporation,
5-22 the statement must be signed by one of its principal officers. The
5-23 county judge shall not approve an application unless it is
5-24 accompanied by the required sworn statement.
5-25 (b) Each applicant for a manufacturer's license must state
5-26 in the application whether the applicant intends to transport beer
5-27 under the authority of the license in vehicles owned or leased in
6-1 good faith by the applicant. [This section does not apply to the
6-2 holder of a manufacturer's license which was in effect on January
6-3 1, 1953.]
6-4 SECTION 9. Section 62.07, Alcoholic Beverage Code, is
6-5 amended to read as follows:
6-6 Sec. 62.07. IMPORTATION OF BEER[: CONTAINERS, USE OF TANK
6-7 CARS]. (a) The holder of a manufacturer's license may import beer
6-8 into this state in barrels or other containers in accordance with
6-9 the provisions of this code. No person may ship beer into the
6-10 state in tank cars.
6-11 (b) Beer may be transported by:
6-12 (1) a railway carrier, a motor carrier registered
6-13 under Chapter 705, Acts of the 74th Legislature, Regular Session,
6-14 1995 (Article 6675c, Revised Statutes), or a common motor carrier
6-15 operating under a certificate issued by the Interstate Commerce
6-16 Commission; or
6-17 (2) a vehicle owned or leased in good faith by the
6-18 manufacturer.
6-19 (c) A carrier transporting beer under Subsection (b)(1) must
6-20 hold a carrier permit issued under Chapter 41. The provisions of
6-21 Chapter 41 relating to the transportation of liquor apply to the
6-22 transportation of beer. A carrier may not transport beer into this
6-23 state unless the beer is consigned to a manufacturer or
6-24 distributor.
6-25 SECTION 10. Chapter 62, Alcoholic Beverage Code, is amended
6-26 by adding Sections 62.071 and 62.072 to read as follows:
6-27 Sec. 62.071. CONSENT TO VEHICLE INSPECTION. A vehicle used
7-1 for the transportation of alcoholic beverages must be available for
7-2 inspection by commission personnel on request.
7-3 Sec. 62.072. DESIGNATION OF VEHICLES. Each vehicle owned or
7-4 leased in good faith by the manufacturer and used under a
7-5 manufacturer's license must be designated on the exterior of the
7-6 vehicle as required by the commission.
7-7 SECTION 11. Section 62.12(a), Alcoholic Beverage Code, is
7-8 amended to read as follows:
7-9 (a) A manufacturer's licensee whose annual production of
7-10 beer in this state does not exceed 75,000 barrels may sell beer
7-11 produced under the license to those permittees, licensees, and
7-12 persons to whom a [general] distributor's licensee may sell beer
7-13 under Section 64.01(a)(2) [64.01(2)] of this code. With regard to
7-14 such a sale, the manufacturer has the same authority and is subject
7-15 to the same requirements as apply to a sale made by a [general]
7-16 distributor's licensee.
7-17 SECTION 12. Section 63.01, Alcoholic Beverage Code, is
7-18 amended to read as follows:
7-19 Sec. 63.01. AUTHORIZED ACTIVITIES. The holder of a
7-20 nonresident manufacturer's license may transport beer into Texas
7-21 only to holders of manufacturer's or distributor's [importer's]
7-22 licenses. The nonresident manufacturer's licensee may transport
7-23 the beer in carriers or vehicles operated by holders of carrier's
7-24 permits or in motor vehicles owned or leased by the nonresident
7-25 manufacturer. The beer must be shipped in barrels or other
7-26 containers in accordance with the provisions of this code and may
7-27 not be shipped into the state in tank cars.
8-1 SECTION 13. Section 63.03, Alcoholic Beverage Code, is
8-2 amended to read as follows:
8-3 Sec. 63.03. LIABILITY FOR TAXES; BOND. The holder of a
8-4 nonresident manufacturer's license that transports beer into Texas
8-5 in a motor vehicle owned or leased by the holder [him] is not
8-6 primarily responsible for the payment of the taxes on the beer,
8-7 which remains the responsibility of the holder of the
8-8 manufacturer's or distributor's [importer's] license who imports
8-9 the beer. However, the nonresident manufacturer shall furnish the
8-10 commission with a bond in an amount which, in the commission's
8-11 judgment, will protect the revenue of the state from the tax due on
8-12 the beer over any six-week period.
8-13 SECTION 14. Section 64.01, Alcoholic Beverage Code, is
8-14 amended to read as follows:
8-15 Sec. 64.01. AUTHORIZED ACTIVITIES. (a) The holder of a
8-16 [general] distributor's license may:
8-17 (1) receive beer in unbroken original packages from
8-18 manufacturers and from licensed [general, local, or branch]
8-19 distributors in this state;
8-20 (2) distribute or sell beer in the unbroken original
8-21 packages in which it is received to [general, branch, or local]
8-22 distributors, to local distributor permittees, to permittees or
8-23 licensees authorized to sell to ultimate consumers, to private club
8-24 registration permittees, to authorized outlets located on any
8-25 installation of the national military establishment, or to
8-26 qualified persons for shipment and consumption outside the state;
8-27 [and]
9-1 (3) serve free beer for consumption on the licensed
9-2 premises; and
9-3 (4) import beer into this state only from the holder
9-4 of a nonresident manufacturer's license.
9-5 (b) All sales made under the authority of this section
9-6 except sales to holders of [general, local, or branch]
9-7 distributor's licenses [licensees] must be made in accordance with
9-8 Sections 61.73 and 102.31 of this code.
9-9 SECTION 15. Section 64.02, Alcoholic Beverage Code, is
9-10 amended to read as follows:
9-11 Sec. 64.02. FEE. The annual state fee for a [general]
9-12 distributor's license is $300.
9-13 SECTION 16. Section 64.03, Alcoholic Beverage Code, is
9-14 amended to read as follows:
9-15 Sec. 64.03. SALE OF BEER TO PRIVATE CLUBS. The holder of a
9-16 [general] distributor's license may sell and deliver beer to
9-17 private clubs located in wet areas without having to secure a prior
9-18 order. All sales made under the authority of this section must be
9-19 made in accordance with Sections 61.73 and 102.31 of this code.
9-20 SECTION 17. Sections 64.04(a) and (b), Alcoholic Beverage
9-21 Code, are amended to read as follows:
9-22 (a) Each holder of a [general, local, or branch]
9-23 distributor's license shall make and keep a daily record of every
9-24 receipt of beer and of every sale of beer, including the name of
9-25 each purchaser. Each transaction shall be recorded on the day it
9-26 occurs. The licensee shall make and keep any other records that
9-27 the commission or administrator requires.
10-1 (b) All required records shall be kept available for
10-2 inspection by the commission or its authorized representative
10-3 during reasonable office hours for at least four [two] years.
10-4 SECTION 18. Chapter 64, Alcoholic Beverage Code, is amended
10-5 by adding Section 64.041 to read as follows:
10-6 Sec. 64.041. RECORDS LOCATION. (a) The holder of a
10-7 distributor's license may apply to the administrator or a person
10-8 designated by the administrator for permission to maintain required
10-9 records at another licensed premises if the holder holds a
10-10 distributor's license for each premises.
10-11 (b) The administrator or a person designated by the
10-12 administrator shall grant or deny a request in writing. The
10-13 administrator or a person designated by the administrator may deny
10-14 a request based on any ground specified by Section 61.74 or any
10-15 other valid reason. If the administrator or a person designated by
10-16 the administrator denies the request, the administrator or a person
10-17 designated by the administrator must specify the grounds for the
10-18 denial.
10-19 (c) In deciding whether to grant the request under this
10-20 section, the administrator or a person designated by the
10-21 administrator shall consider the distributor's past record of
10-22 compliance with this code and the distributor's history of filing
10-23 timely and correct reports with the commission.
10-24 SECTION 19. Section 64.05, Alcoholic Beverage Code, is
10-25 amended to read as follows:
10-26 Sec. 64.05. PERSONS INELIGIBLE FOR LICENSE. A [general]
10-27 distributor's license may not be issued to a person who is the
11-1 holder of a package store permit or a wine only package store
11-2 permit.
11-3 SECTION 20. Section 64.06, Alcoholic Beverage Code, is
11-4 amended to read as follows:
11-5 Sec. 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of
11-6 this code applies to the use of warehouses and delivery trucks by
11-7 [general] distributor's licensees.
11-8 SECTION 21. Sections 64.07(a) and (c), Alcoholic Beverage
11-9 Code, are amended to read as follows:
11-10 (a) Any number of [general, local, and branch] distributors
11-11 may use the same delivery vehicles, premises, location, or place of
11-12 business as licensed premises if the beer owned and stored by each
11-13 of the distributors is segregated.
11-14 (c) The provisions of Subsections (a) and (b) of this
11-15 section that relate to shared delivery vehicles apply only to those
11-16 [general, local, or branch] distributors who hold a territorial
11-17 designation from a manufacturer under Section 102.51 of this code.
11-18 SECTION 22. Section 64.08(a), Alcoholic Beverage Code, is
11-19 amended to read as follows:
11-20 (a) The holder of a [general] distributor's license may sell
11-21 beer to the holder of an industrial permit for use as an ingredient
11-22 in the manufacturing and processing of food products.
11-23 SECTION 23. Chapter 64, Alcoholic Beverage Code, is amended
11-24 by adding Sections 64.09-64.12 to read as follows:
11-25 Sec. 64.09. IMPORTATION OF BEER. (a) The holder of a
11-26 distributor's license may import beer into this state in barrels or
11-27 other containers in accordance with this code.
12-1 (b) Beer may be transported by:
12-2 (1) a railway carrier, a motor carrier registered
12-3 under Chapter 705, Acts of the 74th Legislature, Regular Session,
12-4 1995 (Article 6675c, Revised Statutes), or a common motor carrier
12-5 operating under a certificate issued by the Interstate Commerce
12-6 Commission; or
12-7 (2) a vehicle owned or leased in good faith by the
12-8 distributor.
12-9 (c) A carrier transporting beer under Subsection (b)(1) must
12-10 hold a carrier permit issued under Chapter 41. The provisions of
12-11 Chapter 41 relating to the transportation of liquor apply to the
12-12 transportation of beer. A carrier may not transport beer into this
12-13 state unless the beer is consigned to a manufacturer or
12-14 distributor.
12-15 Sec. 64.10. CONSENT TO VEHICLE INSPECTION. A vehicle used
12-16 for the transportation of alcoholic beverages must be available for
12-17 inspection by commission personnel on request.
12-18 Sec. 64.11. DESIGNATION OF VEHICLES. Each vehicle owned or
12-19 leased in good faith by the distributor and used under a
12-20 distributor's license must be designated on the exterior of the
12-21 vehicle as required by the commission.
12-22 Sec. 64.12. STATEMENT OF INTENTION. Each applicant for a
12-23 distributor's license must state in the application whether the
12-24 applicant intends to transport beer under the authority of the
12-25 license in vehicles owned or leased in good faith by the applicant.
12-26 SECTION 24. Section 102.07(f), Alcoholic Beverage Code, is
12-27 amended to read as follows:
13-1 (f) Notwithstanding Subsection (a) of this section, Section
13-2 108.05 of this code, or any other provision of this code, a holder
13-3 of a brewer's permit, nonresident brewer's permit, distiller's and
13-4 rectifier's permit, winery permit, nonresident seller's permit,
13-5 manufacturer's license, or nonresident manufacturer's license may,
13-6 in order to promote the brand name of the permittee's or licensee's
13-7 products, contract with a person licensed under the Texas Racing
13-8 Act (Article 179e, Vernon's Texas Civil Statutes) for on-site
13-9 advertising signs, for advertising in programs, and to supplement
13-10 purses for races even though the licensees under that Act or the
13-11 owners or operators of the racing facilities also hold a mixed
13-12 beverage permit or other permit or license under this code. In
13-13 addition, a permittee or licensee described by this subsection may
13-14 contract for off-site advertising promoting specific races. A part
13-15 of the cost of an advertisement or promotion authorized by this
13-16 section may not be charged to or paid, directly or indirectly, by
13-17 the holder of a wholesale permit, general class B wholesaler's
13-18 permit, local class B wholesaler's permit, local distributor's
13-19 permit, [general distributor's license,] or [local] distributor's
13-20 license, except through the price paid by that holder for products
13-21 purchased from the holder's supplier.
13-22 SECTION 25. Section 102.18(b), Alcoholic Beverage Code, is
13-23 amended to read as follows:
13-24 (b) No entity named in Subsection (a) of this section may
13-25 have any interest in the license, business, assets, or corporate
13-26 stock of a holder of a [general, local, or branch] distributor's
13-27 license.
14-1 SECTION 26. Sections 102.51(a) and (b), Alcoholic Beverage
14-2 Code, are amended to read as follows:
14-3 (a) Each holder of a manufacturer's or nonresident
14-4 manufacturer's license shall designate territorial limits in this
14-5 state within which the brands of beer the licensee manufactures may
14-6 be sold by [general, local, or branch] distributor's licensees.
14-7 (b) Each holder of a [general, local, or branch]
14-8 distributor's license shall enter into a written agreement with
14-9 each manufacturer from which the distributor purchases beer for
14-10 distribution and sale in this state setting forth the sales
14-11 territory within which each brand of beer purchased by that
14-12 distributor may be distributed and sold. No holder of a [general,
14-13 local, or branch] distributor's license shall make any sales of any
14-14 brand of beer outside the sales territory specified in the written
14-15 agreement. No such agreement shall interfere with the rights of
14-16 retailers to purchase beer as provided in Section 102.53. A
14-17 manufacturer may not assign all or any part of the same sales
14-18 territory to more than one distributor. A copy of the agreement
14-19 and any amendments to it shall be filed with the administrator.
14-20 SECTION 27. Section 102.52, Alcoholic Beverage Code, is
14-21 amended to read as follows:
14-22 Sec. 102.52. RIGHTS OF DISTRIBUTORS. Nothing in Section
14-23 102.51 of this code limits or alters the right of a holder of a
14-24 [general, local, or branch] distributor's license to sell beer to
14-25 any other holder of a [general, local, or branch] distributor's
14-26 license, except that a distributor who has purchased beer from
14-27 another distributor may distribute and sell the beer only within a
15-1 territory for which the manufacturer of the brand has designated
15-2 that it may be sold by the [general, local, or branch] distributor
15-3 making the purchase.
15-4 SECTION 28. Section 102.53, Alcoholic Beverage Code, is
15-5 amended to read as follows:
15-6 Sec. 102.53. RIGHTS OF RETAILERS. Nothing in Section 102.51
15-7 or 102.52 of this code limits or alters the right of a holder of a
15-8 retail license or permit to purchase beer at the licensed premises
15-9 of any [general, local, or branch] distributor's licensee in the
15-10 state and transport that beer to the holder's [his] licensed
15-11 premises, except that the retailer may sell the beer only within a
15-12 territory for which the manufacturer of the brand has designated
15-13 that it may be sold by a distributor.
15-14 SECTION 29. Section 102.54(d)(1), Alcoholic Beverage Code,
15-15 is amended to read as follows:
15-16 (1) "Distributor" means a person who holds a license
15-17 issued under Chapter 64 [or 65].
15-18 SECTION 30. Section 102.71(3), Alcoholic Beverage Code, is
15-19 amended to read as follows:
15-20 (3) "Distributor" means those persons licensed under
15-21 Section 64.01 [or 65.01] of this code.
15-22 SECTION 31. Section 103.08(b), Alcoholic Beverage Code, is
15-23 amended to read as follows:
15-24 (b) On notification that beer has been seized, the
15-25 commission shall promptly notify a holder of a [general, local, or
15-26 branch] distributor's license who handles the brand of beer seized
15-27 and who operates in the county in which it was seized. If the beer
16-1 was seized in a dry area, the commission shall notify either the
16-2 [general, local, or branch] distributor who handles the brand
16-3 operating nearest the area or the manufacturer brewing the beer.
16-4 The commission and the distributor or manufacturer shall jointly
16-5 determine whether the beer is in a salable condition.
16-6 SECTION 32. Section 105.051, Alcoholic Beverage Code, is
16-7 amended to read as follows:
16-8 Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. In
16-9 addition to the hours specified for the sale of beer in Section
16-10 105.05(b) of this code, the holder of a [general, local, or branch]
16-11 distributor's license may sell, offer for sale, or deliver beer
16-12 beginning at 5 a.m. on any day except Sunday.
16-13 SECTION 33. Section 107.04, Alcoholic Beverage Code, is
16-14 amended to read as follows:
16-15 Sec. 107.04. DELIVERY OF BEER IN DRY AREA. A common carrier
16-16 may not deliver beer in a dry area unless it is consigned to a
16-17 holder of a [local or general] distributor's license [licensee] who
16-18 has previously stated that the holder [he] intends to transport it
16-19 to a licensed place of business in a wet area. A common carrier
16-20 who transports beer to a distributor in a dry area shall comply
16-21 strictly with this section and Section 107.02 of this code.
16-22 SECTION 34. Section 107.06(a), Alcoholic Beverage Code, is
16-23 amended to read as follows:
16-24 (a) No person may import beer into the state except the
16-25 holder of a manufacturer's or [general, local, or branch]
16-26 distributor's license.
16-27 SECTION 35. Section 107.09, Alcoholic Beverage Code, is
17-1 amended to read as follows:
17-2 Sec. 107.09. SINGLE INVOICE AUTHORIZED. If the holder of a
17-3 [general, local, or branch] distributor's license also holds a
17-4 wholesaler's, general class B wholesaler's, or local class B
17-5 wholesaler's permit, a written statement or invoice required as
17-6 evidence of the sale of beer or liquor may be on the same business
17-7 form that is designed to reflect the sale of both liquor and beer,
17-8 if all information required by this code to be shown on a statement
17-9 or invoice is reflected on the form and all other records required
17-10 by this code are maintained.
17-11 SECTION 36. Section 108.08(b), Alcoholic Beverage Code, is
17-12 amended to read as follows:
17-13 (b) A part of the cost of advertising revenue paid by a
17-14 manufacturer to an entity under this section may not be charged to
17-15 or paid, directly or indirectly, by the holder of a wholesaler's
17-16 permit, general class B wholesaler's permit, local class B
17-17 wholesaler's permit, local distributor's permit, [general
17-18 distributor's license,] or [local] distributor's license, except
17-19 through the price paid by that holder for products purchased from
17-20 the holders' supplier.
17-21 SECTION 37. Section 109.04(a), Alcoholic Beverage Code, is
17-22 amended to read as follows:
17-23 (a) When the commission is notified under this subchapter of
17-24 the acquisition of beer or its containers or original packages, it
17-25 shall immediately notify a holder of a [general, local, or branch]
17-26 distributor's license who handles the brand of beer and who
17-27 operates in the county where it is located or, if it is located in
18-1 a dry area or if no distributor operates in the county, the nearest
18-2 distributor handling the brand or the manufacturer who brewed it.
18-3 SECTION 38. Section 203.09, Alcoholic Beverage Code, is
18-4 amended to read as follows:
18-5 Sec. 203.09. STATEMENTS. (a) The commission may require
18-6 manufacturers of beer manufactured in this state or imported into
18-7 this state[, importers,] and distributors to provide information as
18-8 to purchases, sales, and shipments to enable the commission to
18-9 collect the full amount of beer tax due. No manufacturer[,
18-10 importer,] or distributor may fail or refuse to furnish the
18-11 information.
18-12 (b) The commission may seize or withhold from sale the
18-13 manufacturer's[, importer's,] or distributor's beer for failure or
18-14 refusal to supply the information required under Subsection (a) of
18-15 this section or to permit the commission to make an investigation
18-16 of pertinent records whether inside or outside this state.
18-17 SECTION 39. Section 251.79, Alcoholic Beverage Code, is
18-18 amended to read as follows:
18-19 Sec. 251.79. AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY
18-20 BE ISSUED. Notwithstanding any other provision of this code, a
18-21 wholesaler's permit, general class B wholesaler's permit, local
18-22 class B wholesaler's permit, or [general, local or branch]
18-23 distributor's license may be issued and licensed premises
18-24 maintained in any area where the sale of any alcoholic beverage is
18-25 legal. A person issued a permit or license under this section may
18-26 exercise all rights and privileges of other permittees and
18-27 licensees of the same class.
19-1 SECTION 40. (a) Section 62.04(d), Alcoholic Beverage Code,
19-2 is repealed.
19-3 (b) Chapters 65, 66, 67, and 68, Alcoholic Beverage Code,
19-4 are repealed.
19-5 SECTION 41. This Act takes effect September 1, 1997.
19-6 SECTION 42. The importance of this legislation and the
19-7 crowded condition of the calendars in both houses create an
19-8 emergency and an imperative public necessity that the
19-9 constitutional rule requiring bills to be read on three several
19-10 days in each house be suspended, and this rule is hereby suspended.