79R456 DWS-D

By:  Bonnen                                                       H.B. No. 1200



A BILL TO BE ENTITLED

AN ACT

relating to certain payments or allowances to a retailer for a 
special advertising or distribution service; providing a criminal 
penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.491 to read as follows:
	Sec. 35.491.  PROHIBITED PAYMENTS OR ALLOWANCES TO CIGARETTE 
OR SOFT DRINK RETAILER.  (a) In this section:
		(1)  "Cigarette" has the meaning assigned by Section 
154.001, Tax Code.
		(2)  "Soft drink" means a carbonated or noncarbonated 
soft drink described by Section 151.314, Tax Code.
	(b)  A manufacturer or distributor of cigarettes or soft 
drinks commits an offense if the manufacturer or distributor pays 
or makes an allowance to a retailer for a special advertising or 
distribution service.
	(c)  An offense under this section is a Class C misdemeanor.            
	SECTION 2.  This Act takes effect September 1, 2005.