AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, a retailer of alcoholic beverages in Texas purchasing wine from the holder of a wholesaler's permit for resale to consumers has the option of making the purchase on credit terms.  The holder of a winery permit in Texas may purchase wine from such a wholesaler for resale to a consumer on the winery's premises but may not use credit terms for the purchase.  H.B. 2012 seeks to address this disparity by amending provisions of law so the holder of a winery permit may make such a purchase on credit terms.

 

H.B. 2012 amends current law relating to certain prohibited dealings between a wholesaler and retailer of alcoholic beverages.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 102.32(a)(2), Alcoholic Beverage Code, as follows:

 

(2)  Defines "retailer."  Provides that, for purposes of this section, the holder of a winery permit issued under Chapter 16 (Winery Permit) is a retailer when the winery permit holder purchases wine from the holder of a wholesaler's permit issued under Chapter 19 (Wholesaler's Permit) for resale to ultimate consumers in unbroken packages. 

 

SECTION 2.  Effective date:  September 1, 2011.