Texas 2009 - 81st Regular

Texas Senate Bill SB2580 Compare Versions

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1	1	S.B. No. 2580
2	2
3	3
4	4	AN ACT
5	5	relating to actions under the Beer Industry Fair Dealing Law.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subchapter A, Chapter 102, Alcoholic Beverage
8	8	Code, is amended by adding Section 102.21 to read as follows:
9	9	Sec. 102.21. CONTINUITY OF CERTAIN PROTECTIONS FOR BEER
10	10	DISTRIBUTORS. The protections provided to beer distributors by
11	11	Subchapters C and D apply regardless of whether there is a transfer
12	12	or change of ownership of a brand at the manufacturing level.
13	13	SECTION 2. Section 102.21, Alcoholic Beverage Code, as
14	14	added by this Act, is not intended to change the law but is intended
15	15	to affirm the policy of this state that the protections provided to
16	16	beer distributors by Subchapters C and D, Chapter 102, Alcoholic
17	17	Beverage Code, apply to a distributor regardless of whether there
18	18	is a transfer or change of ownership of a brand in the manufacturing
19	19	tier.
20	20	SECTION 3. Subchapter D, Chapter 102, Alcoholic Beverage
21	21	Code, is amended by adding Section 102.82 to read as follows:
22	22	Sec. 102.82. STATUTE OF LIMITATIONS. A person must bring
23	23	suit on an action arising under this chapter not later than four
24	24	years after the day the cause of action accrues. If a termination
25	25	related to a change in ownership of the brand occurs, the cause of
26	26	action accrues when either the new brand owner or the transferring
27	27	or selling brand owner provides notice of termination to the
28	28	distributor.
29	29	SECTION 4. The change in law made by this Act applies only
30	30	to a cause of action that accrues on or after the effective date of
31	31	this Act. A cause of action that accrues before the effective date
32	32	of this Act is governed by the law in effect immediately before that
33	33	date, and that law is continued in effect for that purpose.
34	34	SECTION 5. This Act takes effect September 1, 2009.
35	35	______________________________ ______________________________
36	36	President of the Senate Speaker of the House
37	37	I hereby certify that S.B. No. 2580 passed the Senate on
38	38	May 14, 2009, by the following vote: Yeas 31, Nays 0.
39	39	______________________________
40	40	Secretary of the Senate
41	41	I hereby certify that S.B. No. 2580 passed the House on
42	42	May 26, 2009, by the following vote: Yeas 143, Nays 0, two
43	43	present not voting.
44	44	______________________________
45	45	Chief Clerk of the House
46	46	Approved:
47	47	______________________________
48	48	Date
49	49	______________________________
50	50	Governor