By: Kacal H.B. No. 4685
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale by certain alcoholic beverage permit holders
  of wine or liquor at a cost below the cost to the seller.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 109, Alcoholic Beverage
  Code, is amended by adding Section 109.65 to read as follows:
         Sec. 109.65.  CERTAIN RETAIL SALES BELOW COST PROHIBITED.
  (a) In this section, "retailer's cost" includes applicable
  freight, taxes, and duties.
         (b)  A person who holds a permit authorizing the retail sale
  of wine or liquor for off-premise consumption may not sell wine or
  liquor at retail for off-premise consumption at a cost less than the
  retailer's cost.
         (c)  Proof of the retailer's cost for wine or liquor shall:
               (1)  become a part of the permanent records of each
  person who holds a permit authorizing the retail sale of wine or
  liquor for off-premise consumption; and
               (2)  be available for a period of two years for
  inspection by the commission.
         (d)  This section does not apply to the sale of a specific
  wine or liquor product if the manufacturer of the product has
  discontinued the production, importation, special packaging, or
  market availability of the product.
         (e)  The commission shall adopt rules to implement this
  section.
         SECTION 2.  This Act takes effect September 1, 2021.