By: Van de Putte S.B. No. 883

(In the Senate - Filed February 27, 2013; March 5, 2013, read first time and referred to Committee on Business and Commerce; May 1, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 1, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 883 By: Van de Putte

A BILL TO BE ENTITLED

AN ACT

relating to promotional items provided by manufacturers, wholesalers, and distributors of alcoholic beverages to retailers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 108, Alcoholic Beverage Code, is amended by adding Section 108.036 to read as follows:

Sec. 108.036. CERTAIN PROMOTIONAL ITEMS PROVIDED TO RETAILER BY MANUFACTURER, WHOLESALER, OR DISTRIBUTOR. (a) Notwithstanding any other provision of this code, a member of the manufacturing, wholesaler, or distributor tier may:

(1) sell to a retailer promotional items that bear an alcoholic beverage manufacturer's logo, brand, or product name and are designed:

(A) to promote a specific product or brand; and

(B) for use by the consumer, either on or off the retailer's premises; and

(2) give or sell to a retailer interior signs that have the primary purpose of advertising a brand or product or the price of a brand or product, provided that a sign provided to a retailer under this section may not bear the name, logo, or trademark of a specific retailer.

(b) Promotional items sold under Subsection (a)(1) may not be sold for less than the item manufacturer's regularly published wholesale price. Payment for an item sold under this section must be in cash, paid on or before delivery.

(c) A manufacturer, wholesaler, or distributor of alcoholic beverages may not paint, improve, or remodel a retailer's building or any part of a retailer's building, inside or out, or finance any improvements to a retailer's building.

SECTION 2. This Act takes effect September 1, 2013.

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