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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale by certain alcoholic beverage permit or |
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license holders of alcoholic beverages at a cost below the cost to |
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the seller. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage |
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Code, is amended by adding Section 109.65 to read as follows: |
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Sec. 109.65. CERTAIN RETAIL SALES BELOW COST PROHIBITED. |
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(a) A person who holds a permit or license authorizing the retail |
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sale of alcoholic beverages may not sell an alcoholic beverage at |
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retail at a cost less than the retailer's cost. |
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(b) Proof of the retailer's cost for alcoholic beverages |
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shall: |
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(1) become a part of the permanent records of each |
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person who holds a permit or license authorizing the retail sale of |
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alcoholic beverages; and |
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(2) be available for a period of two years for |
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inspection by the commission. |
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(c) This section does not apply to the sale of a specific |
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alcoholic beverage product if: |
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(1) the manufacturer of the product has discontinued |
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the production, importation, or market availability of the product; |
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or |
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(2) the retailer liquidates, by sale or destruction, |
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all of the retailer's inventory of the product the retailer has on |
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the date the retailer begins to sell the product at a cost less than |
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the retailer's cost. |
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(d) A retailer who liquidates a specific alcoholic beverage |
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product as authorized by Subsection (c)(2) may not sell the product |
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at a cost less than the retailer's cost before the second |
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anniversary of the date the retailer completes the liquidation of |
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the product. |
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SECTION 2. This Act takes effect September 1, 2019. |