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