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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 holders |
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of wine or liquor at a cost below the cost to 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) In this section, "retailer's cost" includes applicable |
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freight, taxes, and duties. |
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(b) A person who holds a permit authorizing the retail sale |
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of wine or liquor for off-premise consumption may not sell wine or |
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liquor at retail for off-premise consumption at a cost less than the |
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retailer's cost. |
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(c) Proof of the retailer's cost for wine or liquor shall: |
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(1) become a part of the permanent records of each |
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person who holds a permit authorizing the retail sale of wine or |
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liquor for off-premise consumption; 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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(d) This section does not apply to the sale of a specific |
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wine or liquor product if the manufacturer of the product has |
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discontinued the production, importation, special packaging, or |
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market availability of the product. |
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(e) The commission shall adopt rules to implement this |
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section. |
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SECTION 2. This Act takes effect September 1, 2021. |