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A BILL TO BE ENTITLED
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AN ACT
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relating to intra-industry relationships between alcoholic |
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beverage manufacturers, wholesalers, and 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 102, Alcoholic Beverage |
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Code, is amended by adding Section 102.011 to read a follows: |
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Sec. 102.011. EXCEPTION: CERTAIN INTERESTS NOT PROHIBITED. |
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(a) In this section: |
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(1) "Affiliate" has the meaning assigned by Section |
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1.002, Business Organizations Code. |
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(2) "Controlling interest" has the meaning assigned by |
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Section 171.0001(8), Tax Code. |
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(b) Notwithstanding Section 102.01 or any other provision |
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of this code, a person or their affiliate having an interest in a |
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license or permit issued under this code does not have an unlawful |
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tied house interest as a result of the person's or affiliate's |
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ownership interest in the business of another license or permit at a |
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different level if: |
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(1) the person or affiliate directly or indirectly |
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owns five percent or less of the other license or permit holder's |
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business, assets, property, or equity; or |
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(2) the person or affiliate indirectly owns more than |
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five percent of the other license or permit holder's business, |
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assets, property, or equity and: |
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(A) the interest does not represent a controlling |
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interest in the other business; |
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(B) the interest does not provide the person with |
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any ability to control the purchase or sale of alcoholic beverages |
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by the other business. |
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SECTION 2. Section 102.11, Alcoholic Beverage Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2015. |