| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibiting discrimination in the sale of distilled |
|
|
spirits to wholesalers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 4, Chapter 102, Alcoholic Beverage Code, is |
|
|
amended by adding a new Subchapter E to read as follows: |
|
|
SUBCHAPTER E. PROMOTION OF COMPETITION |
|
|
SECTION 1. Section 102.91. UNLAWFUL DISCRIMINATION. (a) |
|
|
Any person who sells distilled spirits to or offers to sell |
|
|
distilled spirits to the holder of a wholesaler permit must offer |
|
|
for sale to all other wholesaler permittees such distilled spirits |
|
|
on an equal basis. |
|
|
(b) Without limiting subsection (a), the following are |
|
|
failures to offer distilled spirits for sale on an equal basis and |
|
|
are unlawful: |
|
|
(1) a refusal to sell to a wholesaler permittee |
|
|
distilled spirits offered for sale to any other wholesaler |
|
|
permittee, except when a wholesaler permittee is in arrears on |
|
|
payments for past purchases from the person who refuses to sell; |
|
|
(2) a sale of distilled spirits to a wholesaler |
|
|
permittee at a price different from that offered to another |
|
|
wholesaler permittee, exclusive of shipping costs, except that |
|
|
quantity discounts based on actual cost savings may be uniformly |
|
|
offered to all wholesaler permittees; |
|
|
(3) a sale of distilled spirits to a wholesaler |
|
|
permittee on terms of purchase different from those offered to |
|
|
another wholesaler permittee, except that when the seller |
|
|
reasonably believes that a wholesaler permittee will be unable to |
|
|
comply with the existing terms of credit, other terms may be |
|
|
employed, including denial of credit; |
|
|
(4) discrimination among wholesaler permittees in |
|
|
satisfying their respective demands for distilled spirits; or |
|
|
(5) a sale conditioned on an agreement which restricts |
|
|
the wholesaler permittee with respect to customers, area for |
|
|
distribution, or resale price, or which otherwise restrains the |
|
|
wholesaler permittee from competing in trade or commerce. |
|
|
SECTION 2. Section 37.10, Alcoholic Beverage Code, is |
|
|
repealed. |
|
|
SECTION 3. This Act takes effect on September 1, 2007. |