82R4086 AJA-F
By: Truitt H.B. No. 1480
A BILL TO BE ENTITLED
AN ACT
relating to the replacement or transfer of certain retail wine
stock sold for off-premises consumption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended
by adding Section 104.08 to read as follows:
Sec. 104.08. REPLACEMENT OR TRANSFER OF WINE. (a) This
section applies to the holder of a wine and beer retailer's
off-premise permit.
(b) Nothing in this code prohibits the holder of a wine and
beer retailer's off-premise permit from making a claim for the
replacement of wine delivered to the retailer by a wholesaler or
winery in a damaged condition. A wholesaler or winery may not give
a refund for or replace wine that was damaged while in the
possession of the retailer.
(c) To assure and control product quality, at the time of a
regular delivery, a wholesaler or winery may withdraw and transfer,
with the permission of the retailer and subject to Subsection (d), a
quantity of wine in its undamaged original packaging from the
retailer's stock if:
(1) the transfer is between stores under the same
ownership;
(2) the stock is transferred before the date
considered by the manufacturer of the product to be the date the
product becomes inappropriate for sale to a consumer; and
(3) the quantity of stock withdrawn and transferred
each time does not exceed the equivalent of 15 cases of 20 liters or
less of wine each.
(d) A retailer may not transfer wine under this section more
than five times a year.
(e) Nothing in this code shall be construed to authorize any
holder of a license or permit to transfer from one retail licensed
or permitted location to another any alcoholic beverage in
violation of a contractual agreement between a manufacturer of
alcoholic beverages and a holder of a distributor's license or
wholesaler's permit or in a manner that would violate any provision
of this code that mandates an agreement concerning the rights or
obligations of a holder of a distributor's license or wholesaler's
permit.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.