By: Lucio S.B. No. 2580
(In the Senate - Filed May 8, 2009; May 8, 2009, read first
time and referred to Committee on Business and Commerce;
May 12, 2009, reported favorably by the following vote: Yeas 8,
Nays 0; May 12, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to actions under the Beer Industry Fair Dealing Law.
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 102.21 to read as follows:
Sec. 102.21. CONTINUITY OF CERTAIN PROTECTIONS FOR BEER
DISTRIBUTORS. The protections provided to beer distributors by
Subchapters C and D apply regardless of whether there is a transfer
or change of ownership of a brand at the manufacturing level.
SECTION 2. Section 102.21, Alcoholic Beverage Code, as
added by this Act, is not intended to change the law but is intended
to affirm the policy of this state that the protections provided to
beer distributors by Subchapters C and D, Chapter 102, Alcoholic
Beverage Code, apply to a distributor regardless of whether there
is a transfer or change of ownership of a brand in the manufacturing
tier.
SECTION 3. Subchapter D, Chapter 102, Alcoholic Beverage
Code, is amended by adding Section 102.82 to read as follows:
Sec. 102.82. STATUTE OF LIMITATIONS. A person must bring
suit on an action arising under this chapter not later than four
years after the day the cause of action accrues. If a termination
related to a change in ownership of the brand occurs, the cause of
action accrues when either the new brand owner or the transferring
or selling brand owner provides notice of termination to the
distributor.
SECTION 4. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.
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