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A BILL TO BE ENTITLED
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AN ACT
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relating to liquor sales on credit by the holder of a distiller's |
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and rectifier's permit to a wholesaler. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 102, Alcoholic Beverage |
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Code, is amended by adding Section 102.33 to read as follows: |
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Sec. 102.33. SALE OF LIQUOR BY DISTILLER AND RECTIFIER TO |
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WHOLESALER: CREDIT RESTRICTIONS. (a) The holder of a distiller's |
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and rectifier's permit shall provide a written invoice to the |
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holder of a wholesaler's permit who purchases liquor from the |
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holder of the distiller's and rectifier's permit. |
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(b) The holder of a wholesaler's permit shall pay for liquor |
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purchased from the holder of a distiller's and rectifier's permit in |
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accordance with the agreed terms of a contract or letter of |
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agreement between the holder of the distiller's and rectifier's |
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permit and the wholesaler. |
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(c) If the holder of a wholesaler's permit becomes |
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delinquent in the payment of an invoice for liquor under this |
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section, the holder of the distiller's and rectifier's permit who |
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sold the liquor to the wholesaler may report that fact in writing, |
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along with any supporting documentation, to the commission. For |
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purposes of this section, a wholesaler becomes delinquent in the |
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payment of an invoice if the wholesaler: |
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(1) fails to pay the amount due to the holder of the |
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distiller's and rectifier's permit on or before the date payment is |
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required under the agreed terms of a contract or letter of agreement |
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between the holder of the distiller's and rectifier's permit and the |
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wholesaler; and |
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(2) fails to pay the amount due to the holder of the |
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distiller's and rectifier's permit after receiving a demand for |
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payment from the holder of the distiller's and rectifier's permit, |
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in accordance with any agreed payment terms of a contract or letter |
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of agreement between the holder of the distiller's and rectifier's |
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permit and the wholesaler. |
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(d) It is a violation of this section for the holder of a |
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wholesaler's permit to become delinquent in the payment of an |
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invoice under this section. The commission may take disciplinary |
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action against a wholesaler who violates this section. In |
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determining an appropriate disciplinary action for the violation, |
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the commission may consider: |
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(1) the duration of the delinquency; |
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(2) the amount of the delinquent payment; |
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(3) any previous violations of this section committed |
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by the wholesaler; |
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(4) the financial resources of the wholesaler; and |
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(5) any other factors the commission or administrator |
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determines relevant. |
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(e) The commission shall adopt rules to implement this |
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section, including rules regarding the submission of supporting |
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documentation by the holder of a distiller's and rectifier's permit |
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under Subsection (c). |
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SECTION 2. This Act takes effect September 1, 2025. |