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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Alcoholic Beverage Commission's authority to |
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regulate certain nonalcoholic beverage business activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Amend Chapter 102, Alcoholic Beverage Code, by |
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adding a new Section 102.071 to read as follows: |
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SECTION 102.071. Regulation of Certain Non-alcoholic |
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Items. (a) Notwithstanding Sec. 102.04, the holder of a |
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wholesaler's permit who is primarily engaged in the wholesale sale |
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of distilled spirits and wine may sell branded or unbranded |
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glassware to retail-level permittees, provided the glassware is not |
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marketed or sold in a manner to: |
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(1) influence the permittee or licensee to purchase |
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any quantity of alcoholic beverages; or |
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(2) affect the terms by which the retailer-level |
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permittee or licensee purchases alcoholic beverages; or |
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(3) threatens the independence of a retailer. |
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(b) In this section, "branded glassware" means glassware |
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containing an emblem, logo or name of a brand of distilled spirits |
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or wine. "Unbranded glassware" means glassware that does not |
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contain the name, emblem, logo, or any reference to a particular |
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class, brand, or type of alcoholic beverage. |
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(c) If any type of glassware is sold as authorized by |
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subsection (a), it must be sold on terms the terms and conditions |
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specified in Sec. 102.32. If any glassware bearing the name of a |
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brand of a malt beverage is sold by the holder of a wholesaler's |
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permit or distributor's license to a retailer as authorized by the |
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commission's rules, the sale must be made under the terms and |
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conditions specified by Sec. 61.73 and Sec. 102.31. |
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(d) If the holder of a wholesaler's permit or distributor's |
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license sells a brand of non-alcoholic beverages produced or sold |
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under the authority of a manufacturer of alcoholic beverages, those |
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brands are subject to the provisions of subchapters C and D of |
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Chapter 102. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |