| 1 | 1 | | H.B. No. 3413 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the sale of glassware and nonalcoholic beverages by |
|---|
| 6 | 6 | | certain wholesalers and distributors. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage |
|---|
| 9 | 9 | | Code, is amended by adding Section 102.071 to read as follows: |
|---|
| 10 | 10 | | Sec. 102.071. SALE OF GLASSWARE AND NONALCOHOLIC BEVERAGES. |
|---|
| 11 | 11 | | (a) In this section: |
|---|
| 12 | 12 | | (1) "Branded glassware" means glassware that contains |
|---|
| 13 | 13 | | the name, emblem, or logo of or any reference to a brand of |
|---|
| 14 | 14 | | alcoholic beverage. |
|---|
| 15 | 15 | | (2) "Unbranded glassware" means glassware that does |
|---|
| 16 | 16 | | not contain the name, emblem, or logo of or any reference to a brand |
|---|
| 17 | 17 | | of alcoholic beverage. |
|---|
| 18 | 18 | | (b) Notwithstanding Sections 102.04 and 102.07 or any other |
|---|
| 19 | 19 | | provision of this code, the holder of a wholesaler's permit who is |
|---|
| 20 | 20 | | primarily engaged in the wholesale sale of distilled spirits and |
|---|
| 21 | 21 | | wine may sell branded or unbranded glassware to retailers, provided |
|---|
| 22 | 22 | | that the glassware is not marketed or sold in a manner: |
|---|
| 23 | 23 | | (1) to influence a retailer to purchase any quantity |
|---|
| 24 | 24 | | of alcoholic beverages; |
|---|
| 25 | 25 | | (2) to affect the terms by which a retailer may |
|---|
| 26 | 26 | | purchase alcoholic beverages; or |
|---|
| 27 | 27 | | (3) that threatens the independence of a retailer. |
|---|
| 28 | 28 | | (c) Section 102.32 applies to payment for unbranded |
|---|
| 29 | 29 | | glassware or glassware bearing the name, emblem, or logo of a brand |
|---|
| 30 | 30 | | of distilled spirits or wine by the holder of a wholesaler's permit |
|---|
| 31 | 31 | | under Subsection (b). |
|---|
| 32 | 32 | | (d) Sections 61.73 and 102.31 apply to payment for glassware |
|---|
| 33 | 33 | | bearing the name, emblem, or logo of a brand of malt beverage by the |
|---|
| 34 | 34 | | holder of a wholesaler's permit or a distributor's license. |
|---|
| 35 | 35 | | (e) For the purposes of Subchapters C and D, the sale, by the |
|---|
| 36 | 36 | | holder of a distributor's license, of a nonalcoholic beverage |
|---|
| 37 | 37 | | produced or sold by a manufacturer of malt beverages and that bears |
|---|
| 38 | 38 | | the name, emblem, logo, or brand of a manufacturer of malt beverages |
|---|
| 39 | 39 | | is the same as a sale of beer. |
|---|
| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|
| 41 | 41 | | ______________________________ ______________________________ |
|---|
| 42 | 42 | | President of the Senate Speaker of the House |
|---|
| 43 | 43 | | I certify that H.B. No. 3413 was passed by the House on April |
|---|
| 44 | 44 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
|---|
| 45 | 45 | | voting; and that the House concurred in Senate amendments to H.B. |
|---|
| 46 | 46 | | No. 3413 on May 15, 2009, by the following vote: Yeas 139, Nays 3, |
|---|
| 47 | 47 | | 1 present, not voting. |
|---|
| 48 | 48 | | ______________________________ |
|---|
| 49 | 49 | | Chief Clerk of the House |
|---|
| 50 | 50 | | I certify that H.B. No. 3413 was passed by the Senate, with |
|---|
| 51 | 51 | | amendments, on May 12, 2009, by the following vote: Yeas 31, Nays |
|---|
| 52 | 52 | | 0. |
|---|
| 53 | 53 | | ______________________________ |
|---|
| 54 | 54 | | Secretary of the Senate |
|---|
| 55 | 55 | | APPROVED: __________________ |
|---|
| 56 | 56 | | Date |
|---|
| 57 | 57 | | __________________ |
|---|
| 58 | 58 | | Governor |
|---|