Texas 2009 - 81st Regular

Texas Senate Bill SB2232 Compare Versions

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1	1	By: Averitt S.B. No. 2232
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Business and Commerce;
4	4	April 16, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; April 16, 2009,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2232 By: Averitt
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the sale of glassware and nonalcoholic beverages by
13	13	certain wholesalers and distributors.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage
16	16	Code, is amended by adding Section 102.071 to read as follows:
17	17	Sec. 102.071. SALE OF GLASSWARE AND NONALCOHOLIC BEVERAGES.
18	18	(a) In this section:
19	19	(1) "Branded glassware" means glassware that contains
20	20	the name, emblem, or logo of or any reference to a brand of
21	21	alcoholic beverage.
22	22	(2) "Unbranded glassware" means glassware that does
23	23	not contain the name, emblem, or logo of or any reference to a brand
24	24	of alcoholic beverage.
25	25	(b) Notwithstanding Sections 102.04 and 102.07 or any other
26	26	provision of this code, the holder of a wholesaler's permit who is
27	27	primarily engaged in the wholesale sale of distilled spirits and
28	28	wine may sell branded or unbranded glassware to retailers, provided
29	29	that the glassware is not marketed or sold in a manner:
30	30	(1) to influence a retailer to purchase any quantity
31	31	of alcoholic beverages;
32	32	(2) to affect the terms by which a retailer may
33	33	purchase alcoholic beverages; or
34	34	(3) that threatens the independence of a retailer.
35	35	(c) Section 102.32 applies to payment for unbranded
36	36	glassware or glassware bearing the name, emblem, or logo of a brand
37	37	of distilled spirits or wine by the holder of a wholesaler's permit
38	38	under Subsection (b).
39	39	(d) Sections 61.73 and 102.31 apply to payment for glassware
40	40	bearing the name, emblem, or logo of a brand of malt beverage by the
41	41	holder of a wholesaler's permit or a distributor's license.
42	42	(e) Section 102.32 applies to payment for a nonalcoholic
43	43	beverage sold by the holder of a wholesaler's permit or a
44	44	distributor's license to a retailer if:
45	45	(1) the nonalcoholic beverage is produced or sold by a
46	46	manufacturer of alcoholic beverages other than malt beverages; or
47	47	(2) the name, emblem, logo, or brand of a manufacturer
48	48	of alcoholic beverages other than malt beverages appears on the
49	49	label of the nonalcoholic beverage.
50	50	(f) Sections 61.73 and 102.31 apply to payment for a
51	51	nonalcoholic beverage sold by the holder of a wholesaler's permit
52	52	or a distributor's license to a retailer if:
53	53	(1) the nonalcoholic beverage is produced or sold by a
54	54	manufacturer of malt beverages; or
55	55	(2) the name, emblem, logo, or brand of a manufacturer
56	56	of malt beverages appears on the label of the nonalcoholic
57	57	beverage.
58	58	(g) For the purposes of Subchapters C and D, the sale, by the
59	59	holder of a distributor's license, of a nonalcoholic beverage
60	60	produced or sold by a manufacturer of malt beverages or that bears
61	61	the name, emblem, logo, or brand of a manufacturer of malt beverages
62	62	is the same as a sale of beer.
63	63	SECTION 2. This Act takes effect September 1, 2009.
64	64	* * * * *