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A BILL TO BE ENTITLED
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AN ACT
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relating to the replacement or transfer of certain retail wine |
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stock sold for off-premises consumption. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended |
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by adding Section 104.08 to read as follows: |
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Sec. 104.08. REPLACEMENT OR TRANSFER OF WINE. (a) This |
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section applies to the holder of a wine and beer retailer's |
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off-premise permit. |
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(b) Nothing in this code prohibits the holder of a wine and |
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beer retailer's off-premise permit from making a claim for the |
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replacement of wine delivered to the retailer by a wholesaler or |
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winery in a damaged condition. A wholesaler or winery may not give |
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a refund for or replace wine that was damaged while in the |
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possession of the retailer. |
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(c) To assure and control product quality, at the time of a |
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regular delivery, a wholesaler or winery may withdraw and transfer, |
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with the permission of the retailer and subject to Subsection (d), a |
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quantity of wine in its undamaged original packaging from the |
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retailer's stock if: |
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(1) the transfer is between stores under the same |
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ownership; |
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(2) the stock is transferred before the date |
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considered by the manufacturer of the product to be the date the |
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product becomes inappropriate for sale to a consumer; and |
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(3) the quantity of stock withdrawn and transferred |
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each time does not exceed the equivalent of 15 cases of 20 liters or |
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less of wine each. |
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(d) A retailer may not transfer wine under this section more |
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than five times a year. |
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(e) Nothing in this code shall be construed to authorize any |
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holder of a license or permit to transfer from one retail licensed |
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or permitted location to another any alcoholic beverage in |
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violation of a contractual agreement between a manufacturer of |
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alcoholic beverages and a holder of a distributor's license or |
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wholesaler's permit or in a manner that would violate any provision |
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of this code that mandates an agreement concerning the rights or |
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obligations of a holder of a distributor's license or wholesaler's |
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permit. |
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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, 2011. |