By: Averitt S.B. No. 2232
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Business and Commerce;
April 16, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 16, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2232 By: Averitt
A BILL TO BE ENTITLED
AN ACT
relating to the sale of glassware and nonalcoholic beverages by
certain wholesalers and distributors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage
Code, is amended by adding Section 102.071 to read as follows:
Sec. 102.071. SALE OF GLASSWARE AND NONALCOHOLIC BEVERAGES.
(a) In this section:
(1) "Branded glassware" means glassware that contains
the name, emblem, or logo of or any reference to a brand of
alcoholic beverage.
(2) "Unbranded glassware" means glassware that does
not contain the name, emblem, or logo of or any reference to a brand
of alcoholic beverage.
(b) Notwithstanding Sections 102.04 and 102.07 or any other
provision of this code, 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 retailers, provided
that the glassware is not marketed or sold in a manner:
(1) to influence a retailer to purchase any quantity
of alcoholic beverages;
(2) to affect the terms by which a retailer may
purchase alcoholic beverages; or
(3) that threatens the independence of a retailer.
(c) Section 102.32 applies to payment for unbranded
glassware or glassware bearing the name, emblem, or logo of a brand
of distilled spirits or wine by the holder of a wholesaler's permit
under Subsection (b).
(d) Sections 61.73 and 102.31 apply to payment for glassware
bearing the name, emblem, or logo of a brand of malt beverage by the
holder of a wholesaler's permit or a distributor's license.
(e) Section 102.32 applies to payment for a nonalcoholic
beverage sold by the holder of a wholesaler's permit or a
distributor's license to a retailer if:
(1) the nonalcoholic beverage is produced or sold by a
manufacturer of alcoholic beverages other than malt beverages; or
(2) the name, emblem, logo, or brand of a manufacturer
of alcoholic beverages other than malt beverages appears on the
label of the nonalcoholic beverage.
(f) Sections 61.73 and 102.31 apply to payment for a
nonalcoholic beverage sold by the holder of a wholesaler's permit
or a distributor's license to a retailer if:
(1) the nonalcoholic beverage is produced or sold by a
manufacturer of malt beverages; or
(2) the name, emblem, logo, or brand of a manufacturer
of malt beverages appears on the label of the nonalcoholic
beverage.
(g) For the purposes of Subchapters C and D, the sale, by the
holder of a distributor's license, of a nonalcoholic beverage
produced or sold by a manufacturer of malt beverages or that bears
the name, emblem, logo, or brand of a manufacturer of malt beverages
is the same as a sale of beer.
SECTION 2. This Act takes effect September 1, 2009.
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