By Armbrister S.B. No. 1121
76R8101 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain promotional activities for certain alcoholic
1-3 beverage permit holders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 102.07, Alcoholic Beverage Code, is
1-6 amended by amending Subsection (a) and adding Subsection (g) to
1-7 read as follows:
1-8 (a) Except as provided in Subsections (b), [and] (d), and
1-9 (g) [of this section], no person who owns or has an interest in the
1-10 business of a distiller, brewer, rectifier, wholesaler, class B
1-11 wholesaler, winery, or wine bottler, nor the agent, servant, or
1-12 employee of such a person, may:
1-13 (1) own or have a direct or indirect interest in the
1-14 business, premises, equipment, or fixtures of a retailer;
1-15 (2) furnish, give, or lend any money, service, or
1-16 thing of value to a retailer;
1-17 (3) guarantee a financial obligation of a retailer;
1-18 (4) make or offer to enter an agreement, condition, or
1-19 system which will in effect amount to the shipment and delivery of
1-20 alcoholic beverages on consignment;
1-21 (5) furnish, give, rent, lend, or sell to a retail
1-22 dealer any equipment, fixtures, or supplies to be used in selling
1-23 or dispensing alcoholic beverages, except that alcoholic beverages
1-24 may be packaged in combination with other items if the package is
2-1 designed to be delivered intact to the ultimate consumer and the
2-2 additional items have no value or benefit to the retailer other
2-3 than that of having the potential of attracting purchases and
2-4 promoting sales;
2-5 (6) pay or make an allowance to a retailer for a
2-6 special advertising or distribution service;
2-7 (7) allow an excessive discount to a retailer; or
2-8 (8) offer a prize, premium, gift, or similar
2-9 inducement to a retailer or to the agent, servant, or employee of a
2-10 retailer.
2-11 (g) Subsection (a) does not prohibit a permittee covered
2-12 under Subsection (a) from prearranging or preannouncing a
2-13 promotional activity otherwise permitted by this code. The
2-14 permittee may preannounce a promotion to a consumer.
2-15 SECTION 2. This Act takes effect September 1, 1999.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.