By: Thompson H.B. No. 3413
Substitute the following for H.B. No. 3413:
By: Hamilton C.S.H.B. No. 3413
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Alcoholic Beverage Commission's authority to
regulate certain nonalcoholic beverage business activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Amend Chapter 102, Alcoholic Beverage Code, by
adding a new Section 102.071 to read as follows:
SECTION 102.071. Regulation of Certain Non-alcoholic
Items. (a) Notwithstanding Sec. 102.04, the holder of a
wholesaler's permit who is primarily engaged in the wholesale sale
of distilled spirits and wine may sell branded or unbranded
glassware to retail-level permittees, provided the glassware is not
marketed or sold in a manner to:
(1) influence the permittee or licensee to purchase
any quantity of alcoholic beverages; or
(2) affect the terms by which the retailer-level
permittee or licensee purchases alcoholic beverages; or
(3) threatens the independence of a retailer.
(b) In this section, "branded glassware" means glassware
containing an emblem, logo or name of a brand of distilled spirits
or wine. "Unbranded glassware" means glassware that does not
contain the name, emblem, logo, or any reference to a particular
class, brand, or type of alcoholic beverage.
(c) If any type of glassware is sold as authorized by
subsection (a), it must be sold on terms the terms and conditions
specified in Sec. 102.32. If any glassware bearing the name of a
brand of a malt beverage is sold by the holder of a wholesaler's
permit or distributor's license to a retailer as authorized by the
commission's rules, the sale must be made under the terms and
conditions specified by Sec. 61.73 and Sec. 102.31.
(d) If the holder of a wholesaler's permit or distributor's
license sells a brand of non-alcoholic beverages produced or sold
under the authority of a manufacturer of alcoholic beverages, those
brands are subject to the provisions of subchapters C and D of
Chapter 102.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.