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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. Section 5.31, Alcoholic Beverage Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The commission may regulate the nonalcoholic beverage |
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business or business activities of a wholesale permit holder under |
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this code only to the extent that those activities are directly |
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related to the possession, purchase, sale, distribution, |
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marketing, or promotion of alcoholic beverages. |
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SECTION 2. Section 19.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 19.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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wholesaler's permit may: |
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(1) purchase and import liquor from distillers, |
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brewers, wineries, wine bottlers, rectifiers, and manufacturers |
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who are holders of nonresident seller's permits or from their |
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agents who hold manufacturer's agents permits; |
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(2) purchase liquor from other wholesalers in the |
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state; |
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(3) sell liquor in the original containers in which it |
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is received to retailers and wholesalers in this state authorized |
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to sell the liquor; and |
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(4) sell liquor to qualified persons outside the |
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state. |
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(b) Notwithstanding Sections 102.04 and 102.07 or any other |
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provision of this code, the holder of a wholesaler's permit may sell |
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to any other permit holder nonalcoholic products used in the sale or |
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dispensing of alcoholic beverages, including any equipment, |
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fixtures, glassware, or supplies, provided that those items are not |
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sold or marketed in a manner to: |
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(1) influence a permit holder to purchase any quantity |
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of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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(c) The holder of a wholesaler's permit may sell to any |
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other permit or license holder nonalcoholic beverages provided that |
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the nonalcoholic beverages are not sold or marketed in a manner to: |
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(1) influence a permit or license holder to purchase |
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any quantity of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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SECTION 3. Section 20.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 20.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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general class B wholesaler's permit may: |
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(1) purchase and import malt and vinous liquors from |
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brewers, wineries, rectifiers, and wine manufacturers and wine |
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bottlers who are the holders of nonresident seller's permits or |
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their agents who are holders of manufacturer's agent permits; |
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(2) purchase malt and vinous liquors from holders of |
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brewer's permits or other wholesalers in the state; |
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(3) sell the malt and vinous liquors in the original |
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containers in which they are received to retailers and wholesalers |
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authorized to sell them in this state, including holders of local |
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distributor's permits, mixed beverage permits, and daily temporary |
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mixed beverage permits; and |
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(4) sell the malt and vinous liquors to qualified |
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persons outside the state. |
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(b) Notwithstanding Sections 102.04 and 102.07 or any other |
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provision of this code, the holder of a general class B wholesaler's |
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permit may sell to any other permit holder nonalcoholic products |
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used in the sale or dispensing of alcoholic beverages, including |
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any equipment, fixtures, glassware, or supplies, provided that |
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those items are not sold or marketed in a manner to: |
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(1) influence a permit holder to purchase any quantity |
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of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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(c) The holder of a general class B wholesaler's permit may |
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sell to any other permit or license holder nonalcoholic beverages |
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provided that the nonalcoholic beverages are not sold or marketed |
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in a manner to: |
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(1) influence a permit or license holder to purchase |
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any quantity of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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SECTION 4. Section 21.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 21.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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local class B wholesaler's permit may: |
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(1) purchase and import malt and vinous liquors from |
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brewers, wineries, rectifiers, and wine manufacturers and bottlers |
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who are holders of nonresident seller's permits and from their |
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agents who are holders of manufacturer's agent permits; |
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(2) purchase malt and vinous liquors from holders of |
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brewer's permits and from other wholesalers in the state; and |
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(3) sell the malt and vinous liquors, in the original |
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containers in which he receives them, to general and local class B |
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wholesaler's permittees and, in his county of residence, to local |
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distributor's permittees and retailers, including mixed beverage |
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permittees and daily temporary mixed beverage permittees. |
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(b) Notwithstanding Sections 102.04 and 102.07 or any other |
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provision of this code, the holder of a local class B wholesaler's |
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permit may sell to any other permit holder nonalcoholic products |
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used in the sale or dispensing of alcoholic beverages, including |
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any equipment, fixtures, glassware, or supplies, provided that |
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those items are not sold or marketed in a manner to: |
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(1) influence a permit holder to purchase any quantity |
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of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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(c) The holder of a local class B wholesaler's permit may |
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sell to any other permit or license holder nonalcoholic beverages |
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provided that the nonalcoholic beverages are not sold or marketed |
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in a manner to: |
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(1) influence a permit or license holder to purchase |
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any quantity of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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SECTION 5. Section 64.01, Alcoholic Beverage Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The holder of a general distributor's license may sell |
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to any other permit or license holder nonalcoholic beverages |
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provided that the nonalcoholic beverages are not sold or marketed |
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in a manner to: |
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(1) influence a permit or license holder to purchase |
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any quantity of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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SECTION 6. Section 65.01, Alcoholic Beverage Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The holder of a local distributor's license may sell to |
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any other permit or license holder nonalcoholic beverages provided |
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that the nonalcoholic beverages are not sold or marketed in a manner |
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to: |
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(1) influence a permit or license holder to purchase |
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any quantity of alcoholic beverages; or |
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(2) affect the terms by which a retailer may purchase |
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alcoholic beverages. |
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SECTION 7. This Act takes effect September 1, 2009. |