84R2369 JAM-D
 
  By: Oliveira H.B. No. 3104
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to intra-industry relationships between alcoholic
  beverage manufacturers, wholesalers, and retailers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 102, Alcoholic Beverage
  Code, is amended by adding Section 102.011 to read as follows:
         Sec. 102.011.  EXCEPTION: CERTAIN TIED INTERESTS NOT
  PROHIBITED.  (a)  In this section, "affiliate" has the meaning
  assigned by Section 1.002, Business Organizations Code.
         (b)  Notwithstanding Section 102.01 or any other provision
  of this code, a person's ownership interest in the equity of a
  holder of a license or permit under this code or an affiliate of a
  holder of a license or permit under this code may not be considered
  an unlawful tied house interest if:
               (1)  the person owns five percent or less of the
  outstanding securities issued by the license or permit holder or
  any affiliate of the license or permit holder; and
               (2)  the securities are registered with the Securities
  and Exchange Commission and are publicly traded on a national or
  regional securities exchange or an over-the-counter market.
         SECTION 2.  This Act takes effect September 1, 2015.