| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the amount a manufacturer may charge for an alcoholic |
|
|
beverage; providing civil penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage |
|
|
Code, is amended by adding Section 102.011 to read as follows: |
|
|
Sec. 102.011. MANUFACTURER PRICING AGREEMENTS. (a) This |
|
|
section governs pricing agreements between manufacturers and |
|
|
wholesalers, as the words "manufacturer" and "wholesaler" are |
|
|
ordinarily used and understood, regardless of the specific names |
|
|
given permits under Subtitle A, Title 3. |
|
|
(b) A manufacturer who sells alcoholic beverages to a |
|
|
wholesaler in this state shall file a price nondiscrimination |
|
|
agreement with the commission on a form prescribed by the |
|
|
commission. The price nondiscrimination agreement shall require |
|
|
the manufacturer to sell alcoholic beverages manufactured by the |
|
|
manufacturer to each wholesaler licensed in this state at the same |
|
|
price, including any discounts, without discrimination. |
|
|
(c) Before a manufacturer may change the price of an |
|
|
alcoholic beverage, the manufacturer shall provide written notice |
|
|
of the price change to each wholesaler not later than the 45th day |
|
|
before the date the price change takes effect. |
|
|
(d) If a manufacturer violates the agreement by refusing to |
|
|
sell an alcoholic beverage to a wholesaler in this state or |
|
|
discriminates in prices among wholesalers purchasing or attempting |
|
|
to purchase alcoholic beverages from the manufacturer, the |
|
|
administrator shall: |
|
|
(1) notify, by registered mail, each wholesaler in |
|
|
this state of the violation; and |
|
|
(2) assess a civil penalty against the manufacturer in |
|
|
the amount of: |
|
|
(A) $10,000 per day, per violation, for the first |
|
|
violation; |
|
|
(B) $25,000 per day, per violation, for the |
|
|
second violation; and |
|
|
(C) $100,000 per day, per violation, for the |
|
|
third and any subsequent violation. |
|
|
(e) If a manufacturer of an alcoholic beverage does not have |
|
|
a sufficient supply of an alcoholic beverage to supply the demands |
|
|
of all wholesalers, the manufacturer may ration the alcoholic |
|
|
beverage and apportion the available supply among wholesalers |
|
|
purchasing or attempting to purchase the alcoholic beverage in |
|
|
accordance with a plan approved by the commission. |
|
|
SECTION 2. (a) The Texas Alcoholic Beverage Commission |
|
|
shall adopt price nondiscrimination agreement forms required under |
|
|
Section 102.011, Alcoholic Beverage Code, as added by this Act, on |
|
|
or before November 1, 2007. |
|
|
(b) A manufacturer to whom Section 102.011, Alcoholic |
|
|
Beverage Code, as added by this Act, applies is not required to file |
|
|
an agreement required by that section before January 1, 2008. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |