80R15138 MCK-D
 
  By: Miles H.B. No. 3124
 
Substitute the following for H.B. No. 3124:
 
  By:  Hamilton C.S.H.B. No. 3124
 
A BILL TO BE ENTITLED
AN ACT
relating to the quantity of beer or malt liquor a distributor or
wholesaler may withdraw from a retailer.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 104.05(e), Alcoholic Beverage Code, is
amended to read as follows:
       (e)  To assure and control product quality, the holder of a
distributor's license, wholesaler's permit, or class B wholesaler's
permit, at the time of a regular delivery, may withdraw, with the
permission of the retailer, a quantity of beer, ale, or malt liquor
in its undamaged original packaging from the retailer's stock, if:
             (1)  the distributor, wholesaler, or class B wholesaler
replaces the stock with beer, ale, or malt liquor of identical
brands, quantities, and packages as the beer, ale, or malt liquor
withdrawn;
             (2)  the stock is withdrawn before the date considered
by the manufacturer of the product to be the date the product
becomes inappropriate for sale to a consumer; and
             (3)  the quantity of stock withdrawn does not exceed
the equivalent of 25 [15] cases of 24 12-ounce containers.
       SECTION 2.  This Act takes effect September 1, 2007.