BILL ANALYSIS |
C.S.H.B. 2012 |
By: Thompson |
Licensing & Administrative Procedures |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
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. C.S.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.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2012 amends the Alcoholic Beverage Code to redefine "retailer," for purposes of the prohibition against a retailer purchasing liquor from a wholesale dealer except for cash or on certain credit terms, to specify that a holder of a winery permit issued under provisions of law relating to such permits is a retailer when the winery permit holder purchases wine from the holder of a wholesaler's permit issued under provisions of law relating to such permits for resale to ultimate consumers in unbroken packages.
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EFFECTIVE DATE
September 1, 2011.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
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C.S.H.B. 2012 differs from the original by specifying in the redefinition of "retailer" that the holder of a winery permit issued under provisions of law relating to such permits is a retailer when the holder of that permit purchases wine from the holder of a wholesaler's permit issued under provisions of law relating to such permits for resale to ultimate consumers in unbroken packages, whereas the original provides that a winery is a retailer when the winery purchases wine from a wholesaler for such purpose. |