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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of beer, ale, and malt liquor by a brewer or |
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beer manufacturer to a wholesaler or distributor and contractual |
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agreements between those entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.75, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 102.75. PROHIBITED CONDUCT. (a) No manufacturer |
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shall: |
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(1) induce or coerce, or attempt to induce or coerce, |
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any distributor to engage in any illegal act or course of conduct; |
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(2) require a distributor to assent to any |
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unreasonable requirement, condition, understanding, or term of an |
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agreement prohibiting a distributor from selling the product of any |
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other manufacturer or manufacturers; |
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(3) fix or maintain the price at which a distributor |
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may resell beer; |
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(4) fail to provide to each distributor of its brands a |
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written contract which embodies the manufacturer's agreement with |
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its distributor; |
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(5) require any distributor to accept delivery of any |
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beer or any other item or commodity which shall not have been |
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ordered by the distributor; |
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(6) adjust the price at which the manufacturer sells |
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beer to a distributor based on the price at which a distributor |
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resells beer to a retailer, but a manufacturer is free to set its |
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own price so long as any price adjustment is based on factors other |
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than a distributor's increase in the price it charges to a retailer |
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and not intended to otherwise coerce illegal behavior under this |
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section; or |
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(7) accept payment in exchange for an agreement |
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setting forth territorial rights. |
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(b) Nothing in this section shall interfere with the rights |
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of a manufacturer or distributor to enter into contractual |
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agreements that could be construed as governing ordinary business |
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transactions, including, but not limited to, agreements concerning |
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allowances, rebates, refunds, services, capacity, advertising |
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funds, promotional funds, or sports marketing funds. |
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(c) It is the public policy and in the interest of this state |
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to assure the independence of members of the three-tier system, but |
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nothing in this code may be construed to prohibit contractual |
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agreements between members of the same tier who hold the same |
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licenses and permits. |
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SECTION 2. The change in law made by this Act to Section |
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102.75, Alcoholic Beverage Code, takes effect only if each of the |
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following bills is enacted and becomes law: |
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(1) Senate Bill No. 515, House Bill No. 1763, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows holders of brewpub licenses to self-distribute |
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beer, malt liquor, or ale produced under the license to retailers; |
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(2) Senate Bill No. 516, House Bill No. 1764, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows small brewers to sell ale to retailers; |
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(3) Senate Bill No. 517, House Bill No. 1765, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows small beer manufacturers to sell beer to |
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retailers; and |
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(4) Senate Bill No. 518, House Bill No. 1766, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows small brewers and beer manufacturers to sell beer |
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and ale to ultimate consumers. |
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SECTION 3. A change in law made by any of the following |
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bills takes effect only if this Act or another similar bill of the |
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83rd Legislature, Regular Session, 2013, is enacted and becomes |
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law: |
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(1) Senate Bill No. 515, House Bill No. 1763, or |
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|
another similar bill of the 83rd Legislature, Regular Session, |
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|
2013, that allows holders of brewpub licenses to self-distribute |
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beer, malt liquor, or ale produced under the license to retailers; |
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(2) Senate Bill No. 516, House Bill No. 1764, or |
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|
another similar bill of the 83rd Legislature, Regular Session, |
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|
2013, that allows small brewers to sell ale to retailers; |
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(3) Senate Bill No. 517, House Bill No. 1765, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows small beer manufacturers to sell beer to |
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retailers; and |
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(4) Senate Bill No. 518, House Bill No. 1766, or |
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another similar bill of the 83rd Legislature, Regular Session, |
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2013, that allows small brewers and beer manufacturers to sell beer |
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and ale to ultimate consumers. |
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SECTION 4. This Act takes effect September 1, 2013. |
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* * * * * |