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A BILL TO BE ENTITLED
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AN ACT
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relating to promotional items provided by manufacturers, |
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wholesalers, and distributors of alcoholic beverages to retailers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 108, Alcoholic Beverage |
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Code, is amended by adding Section 108.036 to read as follows: |
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Sec. 108.036. CERTAIN PROMOTIONAL ITEMS PROVIDED TO |
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RETAILER BY MANUFACTURER, WHOLESALER, OR DISTRIBUTOR. |
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(a) Notwithstanding any other provision of this code, a member of |
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the manufacturing, wholesaler, or distributor tier, other than a |
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local distributor who holds a permit issued under Chapter 23, may: |
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(1) sell to a retailer promotional items that bear an |
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alcoholic beverage manufacturer's logo, brand, or product name and |
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are designed: |
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(A) to promote a specific product or brand; and |
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(B) for use by the consumer, either on or off the |
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retailer's premises; and |
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(2) give or sell to a retailer interior signs that have |
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the primary purpose of advertising a brand or product or the price |
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of a brand or product, provided that a sign provided to a retailer |
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under this section may not bear the name, logo, or trademark of a |
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specific retailer. |
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(b) Promotional items sold under Subsection (a)(1) may not |
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be sold for less than the item manufacturer's regularly published |
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wholesale price. Payment for an item sold under this section must |
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be in cash, paid on or before delivery. |
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(c) A manufacturer, wholesaler, or distributor of alcoholic |
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beverages may not paint, improve, or remodel a retailer's building |
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or any part of a retailer's building, inside or out, or finance any |
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improvements to a retailer's building. |
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SECTION 2. This Act takes effect September 1, 2013. |