Texas 2011 - 82nd Regular

Texas Senate Bill SB989

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

Caption

Relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption.

Impact

The implications of SB989 are significant for the retail wine industry in Texas. By permitting the transfer of undamaged wine under specific conditions, the bill seeks to minimize waste and enhance product quality assurance for retailers. Retailers will benefit from increased flexibility in managing their stock and maintaining compliance with quality standards set by manufacturers. However, the bill also reinforces the importance of adhering to contractual agreements between manufacturers and distributors, thereby preserving the integrity of established distribution practices.

Summary

Senate Bill 989 aims to amend the Alcoholic Beverage Code of Texas by allowing wine and beer retailers with off-premise permits to replace or transfer wine that has been delivered in damaged condition. The bill specifies conditions under which a wholesaler or winery can withdraw and transfer undamaged wine from a retailer's stock to ensure product quality. This transfer may occur between stores under the same ownership, provided it complies with guidelines regarding packaging and quantity limitations.

Sentiment

General sentiment around SB989 appears to be supportive among retail wine and beer retailers, as it provides them with more options for managing their inventory effectively. However, there may be concerns regarding the limits placed on the number of transfers per year, as well as conditions that need to be met for these transfers. Critics could argue that these restrictions may still pose challenges for some retailers in the event of regular damage or quality control issues.

Contention

Notable points of contention surrounding SB989 include the balance between allowing retailers flexibility in managing their stock while ensuring that local regulations and manufacturer agreements are respected. There may be discussions around the sufficiency of the limitations on transfer frequency and whether they address the needs of all retailers, especially those that may experience high turnover in wine stock. Furthermore, tensions might arise between different stakeholders in the wine distribution chain regarding the handling and responsibility for damaged items.

Companion Bills

TX HB1480

Identical Relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption.

Previously Filed As

TX HB1480

Relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption.

Similar Bills

No similar bills found.