Amend CSHB 3413 by striking all below the enacting clause and 
substituting the following:
	SECTION 1.  Subchapter A, Chapter 102, Alcoholic Beverage 
Code, is amended by adding Section 102.071 to read as follows:
	Sec. 102.071.  SALE OF GLASSWARE AND NONALCOHOLIC BEVERAGES.  
(a)  In this section:
		(1)  "Branded glassware" means glassware that contains 
the name, emblem, or logo of or any reference to a brand of 
alcoholic beverage.
		(2)  "Unbranded glassware" means glassware that does 
not contain the name, emblem, or logo of or any reference to a brand 
of alcoholic beverage.
	(b)  Notwithstanding Sections 102.04 and 102.07 or any other 
provision of this code, the holder of a wholesaler's permit who is 
primarily engaged in the wholesale sale of distilled spirits and 
wine may sell branded or unbranded glassware to retailers, provided 
that the glassware is not marketed or sold in a manner:
		(1)  to influence a retailer to purchase any quantity 
of alcoholic beverages;
		(2)  to affect the terms by which a retailer may 
purchase alcoholic beverages; or
		(3)  that threatens the independence of a retailer.                    
	(c)  Section 102.32 applies to payment for unbranded 
glassware or glassware bearing the name, emblem, or logo of a brand 
of distilled spirits or wine by the holder of a wholesaler's permit 
under Subsection (b).
	(d)  Sections 61.73 and 102.31 apply to payment for glassware 
bearing the name, emblem, or logo of a brand of malt beverage by the 
holder of a wholesaler's permit or a distributor's license.
	(e)  Section 102.32 applies to payment for a nonalcoholic 
beverage sold by the holder of a wholesaler's permit or a 
distributor's license to a retailer if:
		(1)  the nonalcoholic beverage is produced or sold by a 
manufacturer of alcoholic beverages other than malt beverages; or
		(2)  the name, emblem, logo, or brand of a manufacturer 
of alcoholic beverages other than malt beverages appears on the 
label of the nonalcoholic beverage.
	(f)  Sections 61.73 and 102.31 apply to payment for a 
nonalcoholic beverage sold by the holder of a wholesaler's permit 
or a distributor's license to a retailer if:
		(1)  the nonalcoholic beverage is produced or sold by a 
manufacturer of malt beverages; or
		(2)  the name, emblem, logo, or brand of a manufacturer 
of malt beverages appears on the label of the nonalcoholic 
beverage.
	(g)  For the purposes of Subchapters C and D, the sale, by the 
holder of a distributor's license, of a nonalcoholic beverage 
produced or sold by a manufacturer of malt beverages or that bears 
the name, emblem, logo, or brand of a manufacturer of malt beverages 
is the same as a sale of beer.
	SECTION 2.  This Act takes effect September 1, 2009.