Texas 2013 - 83rd Regular

Texas Senate Bill SB639

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the sale of beer, ale, and malt liquor by a brewer or beer manufacturer to a wholesaler or distributor and contractual agreements between those entities.

Impact

The implications of SB639 are significant for the relationships between breweries, distributors, and consumers in Texas. By restricting certain practices by manufacturers, the bill seeks to foster a more balanced marketplace where distributors can operate more freely without being subjected to undue pressure. This could help smaller breweries and manufacturers compete more effectively with larger entities by preventing monopolistic practices and ensuring fairness in the contractual agreements governing their transactions.

Summary

SB639 is a legislative act focused on the sale of beer, ale, and malt liquor by brewers or beer manufacturers to wholesalers or distributors. The bill proposes amendments to Section 102.75 of the Alcoholic Beverage Code to ensure clearer regulations regarding the responsibilities and limitations of both manufacturers and distributors in Texas. It aims to prohibit manufacturers from coercing distributors into illegal activities, imposing unreasonable terms, or fixing resale prices, while emphasizing the necessity of contractual agreements between the two parties to maintain the independence of the three-tier system for the distribution of alcohol in the state.

Contention

Notable points of contention surrounding SB639 include discussions about the fairness of the alcohol distribution system in Texas. While proponents argue that the bill helps to protect small brewers from potentially exploitative relationships with larger distributors, some industry stakeholders express concerns that overly strict regulations might limit their ability to negotiate contracts that serve their business interests. Additionally, the bill is contingent on the passage of other related bills that impact the distribution system, which has generated further debate on the broader legislative framework for alcohol distribution in Texas.

Companion Bills

TX HB1538

Identical Relating to the manufacture, distribution, and sale of alcoholic beverages.

Previously Filed As

TX HB4810

Relating to transactions involving dealer agreements under the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

TX HB3975

Relating to the payment for liquor by a wholesaler.

TX HB2003

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX SB752

Relating to the delivery and direct shipment of certain alcoholic beverages to ultimate consumers; creating criminal offenses.

TX HB4078

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX SB2099

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX HB3339

Relating to the sale and regulation of alcoholic beverages by certain retailers.

TX SB2195

Relating to fair allocation requirements for manufacturers, distributers, or manufacturer representatives.

TX HR262

Recognizing February 21, 2023, as Wholesale Beer Distributors of Texas Day at the State Capitol.

TX SB60

Relating to operating agreements between holders of a distiller's and rectifier's permit and certain alcoholic beverage permit holders.

Similar Bills

OK HB2803

Alcoholic beverages; termination of distribution agreements; requirements; arbitration; inventory; effective date.

OK SB422

Alcoholic beverages; modifying provisions of distribution agreements. Effective date.

OK SB422

Alcoholic beverages; modifying provisions of distribution agreements. Effective date.

IL HB2956

LIQUOR-RETAILERS-TAP HANDLES

OK HB1096

Alcoholic beverages; authorizing certain social media exchanges; effective date.

VA HB1469

Motor vehicle dealers; franchise agreements, sale or lease of new motor vehicles.

VA SB871

Motor vehicle dealers; franchise agreements, sale or lease of new motor vehicles.