83R9871 JAM-F
By: Oliveira H.B. No. 3558
A BILL TO BE ENTITLED
AN ACT
relating to intra-industry relationships between alcoholic
beverage manufacturers, wholesalers, and retailers.
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 102.011 to read as follows:
Sec. 102.011. EXCEPTION: CERTAIN TIED INTERESTS NOT
PROHIBITED. (a) Notwithstanding Section 102.01 or any other
provision of this code, a person's ownership interest in the
business, assets, property, or equity of a holder of a license or
permit under this code may not be considered an unlawful tied house
interest if:
(1) the person owns five percent or less of the license
or permit holder's business, assets, property, or equity;
(2) the following criteria are met:
(A) the person's ownership interest is an
indirect interest in the license or permit holder's business,
assets, property, or equity that is removed by the intervening
ownership interests of at least three other business entities;
(B) the person and the business entities
described by Paragraph (A) are not managed by any general partner,
director, manager, or officer who serves in a similar management
capacity for the license or permit holder; and
(C) the person holds a minority interest that
provides the person with any ability to control the operations of
the license or permit holder, including a license or permit
holder's decision regarding the purchase or sale of alcoholic
beverages; or
(3) the person's ownership interest is so removed from
the license or permit holder by intervening ownership interests and
is of such a character that the person's interest presents no viable
threat of:
(A) an unwarranted or unfair control of the
license or permit holder's operations; or
(B) the unfair exclusion of any alcoholic
beverage product from the marketplace or from sale by any license or
permit holder.
(b) For the purposes of determining whether an unlawful tied
house interest exists under this code, the terms "licensee" and
"permittee" do not include an agent, servant, or employee of the
license or permit holder who does not:
(1) serve as an officer, director, manager, or general
partner of the license or permit holder; or
(2) have the discretion to formulate or institute
operating policy regarding purchases, disbursements, maintenance
of records, or handling of funds related to, or general supervisory
authority over the operation of aspects of the business involving,
the license or permit holder's production, distribution,
marketing, purchase, or sale of alcoholic beverages.
SECTION 2. Section 102.11, Alcoholic Beverage Code, is
repealed.
SECTION 3. This Act takes effect September 1, 2013.