Texas 2011 - 82nd Regular

Texas Senate Bill SB1388

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain prohibited dealings between a wholesaler and retailer of alcoholic beverages.

Impact

The proposed changes in SB1388 will have direct implications for how alcoholic beverages are sold and distributed in Texas. By refining the definitions and ensuring that wineries are classified as retailers when they purchase from wholesalers, the bill seeks to streamline the transactions and maintain compliance with existing regulatory standards. It is expected that such legislation will foster a clearer business environment for alcohol retailers and wholesalers, reducing legal ambiguities and potential disputes arising from the previous interpretations of the law.

Summary

SB1388 proposes amendments to the Alcoholic Beverage Code of Texas, specifically addressing prohibited dealings between wholesalers and retailers of alcoholic beverages. The bill redefines what constitutes a 'retailer' within this context, including various types of retailers such as package stores, mixed beverage permittees, and wineries that sell directly to consumers. The intent behind the bill is to clarify the legal framework governing relationships and transactions in the alcoholic beverage industry, ensuring that all parties are adequately defined and regulated under state law.

Sentiment

Overall, the sentiment surrounding SB1388 appears to be largely positive from industry stakeholders who believe that the clarifications will improve operations within the alcoholic beverage market. Supporters include retailers and wholesalers who see the merit in having clearly defined roles and practices established by law. Conversely, there could be concerns from various advocacy groups about the impact on local businesses, though such voices are currently less prominent in discussions about this bill.

Contention

There may be points of contention regarding the amendments proposed by SB1388, particularly relating to how they may affect competition among smaller retailers. Opponents may argue that the redefinition of 'retailer' could disadvantage certain smaller alcohol-selling entities, as they might be obliged to follow stricter regulations. The effective date of this act is set for September 1, 2011, which provides a timeline for stakeholders to adapt to the new legal framework, although the potential for pushback exists depending on how these amendments are implemented.

Companion Bills

TX HB2012

Identical Relating to certain prohibited dealings between a wholesaler and retailer of alcoholic beverages.

Similar Bills

No similar bills found.