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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited discrimination in the sale of distilled |
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spirits to holders of wholesaler's permits. |
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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 102.175 to read as follows: |
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Sec. 102.175. PROHIBITED DISCRIMINATION IN SALE OF |
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DISTILLED SPIRITS TO WHOLESALERS. (a) A person who sells or offers |
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to sell distilled spirits to the holder of a wholesaler's permit: |
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(1) must: |
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(A) offer the distilled spirits for sale to all |
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holders of wholesaler's permits on the same terms; |
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(B) satisfy demand for particular distilled |
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spirits among holders of wholesaler's permits in a manner that does |
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not discriminate against particular permit holders; and |
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(C) offer the distilled spirits for sale at a |
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price that does not exceed the lowest price at which the person |
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offers the distilled spirits for sale in any other state; and |
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(2) may not: |
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(A) condition the sale of distilled spirits on an |
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agreement that restricts the holder of a wholesaler's permit with |
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respect to customers, area of distribution, or resale price or that |
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otherwise restrains the holder of a wholesaler's permit from |
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competing in trade and commerce; or |
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(B) offer a discount based on the quantity |
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purchased. |
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(b) Subsection (a) does not prohibit a person who sells or |
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offers to sell distilled spirits to a holder of a wholesaler's |
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permit from: |
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(1) refusing to sell distilled spirits to the holder |
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of a wholesaler's permit who is delinquent in the payment of amounts |
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due for previous purchases from the seller; |
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(2) offering to sell distilled spirits to the holder |
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of a wholesaler's permit under stricter credit terms than the |
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seller generally offers or denying credit to the holder of a |
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wholesaler's permit if the seller reasonably believes that the |
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holder of the wholesaler's permit will be unable to comply with the |
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otherwise applicable credit terms; or |
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(3) offering direct or indirect payment of marketing |
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fees, rebates, or other payments or credits to a holder of a |
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wholesaler's permit if the payments are offered to all holders of |
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wholesaler's permits on the same terms, which may include the |
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allocation of those payments among wholesalers based on the pro |
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rata volume of product purchased by each wholesaler from the seller |
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after September 1, 2007. |
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SECTION 2. Sections 36.08 and 37.10, Alcoholic Beverage |
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Code, are repealed. |
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SECTION 3. This Act takes effect September 1, 2013. |