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A BILL TO BE ENTITLED
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AN ACT
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relating to delinquent payment of an alcoholic beverage retailer's |
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account for liquor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.32, Alcoholic Beverage Code, is |
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amended by amending Subsection (d) and adding Subsections (d-2), |
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(d-3), and (d-4) to read as follows: |
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(d) Each delivery of liquor shall be accompanied by an |
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invoice giving the date of purchase. If a retailer becomes |
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delinquent in the payment of an account for liquor, the wholesale |
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dealer immediately shall report that fact in writing, including by |
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electronic mail or facsimile transmission, to the commission or |
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administrator. A wholesale dealer may not sell any liquor to a |
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retailer who appears on the commission's list of retailers |
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ineligible to purchase liquor under Subsection (d-4) [is
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delinquent] until the delinquent account is paid in full and |
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cleared from the records of the commission. An account becomes |
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delinquent if it is not paid when it is required to be paid under |
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Subsection (c). |
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(d-2) As soon as practical after the 10th and 25th day of |
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each month, the commission shall electronically publish a list of |
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retailers who have been reported to the commission as being |
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delinquent since the previous report was published. Not later than |
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the fourth business day after the date a list is published, a |
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retailer who appears on the list must: |
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(1) notify the commission that the retailer was |
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included on the list in error and submit proof to the commission |
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showing that the retailer's account is paid in full or that the |
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retailer's account is paid in full except for an amount that is the |
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subject of a legitimate dispute; or |
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(2) pay in full any legitimately reported delinquency |
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and submit proof to the commission showing that the retailer's |
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account is paid in full. |
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(d-3) At 12:01 a.m. on the day immediately following the |
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fourth business day after the date a list is published under |
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Subsection (d-2), the commission shall add a retailer who appears |
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on the list to the list of retailers ineligible to purchase liquor |
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under Subsection (d-4) if the retailer fails to comply with |
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Subsection (d-2)(1) or (2). |
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(d-4) The commission shall electronically publish a list of |
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retailers who are ineligible to purchase liquor because the |
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retailers are delinquent in the payment of an account for liquor. |
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The commission shall immediately remove a retailer's name from the |
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list on receiving proof that the retailer's account is paid in full |
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or that the retailer's account is paid in full except for an amount |
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that is the subject of a legitimate dispute. |
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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, 2013. |