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A BILL TO BE ENTITLED
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AN ACT
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relating to actions under the Beer Industry Fair Dealing Law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage |
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Code, is amended by adding Section 102.21 to read as follows: |
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Sec. 102.21. CONTINUITY OF CERTAIN PROTECTIONS FOR BEER |
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DISTRIBUTORS. The protections provided to beer distributors by |
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Subchapters C and D apply regardless of whether there is a transfer |
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or change of ownership of a brand at the manufacturing level. |
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SECTION 2. Section 102.21, Alcoholic Beverage Code, as |
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added by this Act, is not intended to change the law but is intended |
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to affirm the policy of this state that the protections provided to |
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beer distributors by Subchapters C and D, Chapter 102, Alcoholic |
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Beverage Code, apply to a distributor regardless of whether there |
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is a transfer or change of ownership of a brand in the manufacturing |
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tier. |
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SECTION 3. Subchapter D, Chapter 102, Alcoholic Beverage |
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Code, is amended by adding Section 102.82 to read as follows: |
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Sec. 102.82. STATUTE OF LIMITATIONS. A person must bring |
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suit on an action arising under this chapter not later than four |
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years after the day the cause of action accrues. If a termination |
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related to a change in ownership of the brand occurs, the cause of |
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action accrues when either the new brand owner or the transferring |
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or selling brand owner provides notice of termination to the |
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distributor. |
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SECTION 4. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |