| 1 | 1 | | 83R23030 JAM-D |
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| 2 | 2 | | By: Smith H.B. No. 3716 |
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| 3 | 3 | | Substitute the following for H.B. No. 3716: |
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| 4 | 4 | | By: Smith C.S.H.B. No. 3716 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to promotional items provided by manufacturers, |
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| 10 | 10 | | wholesalers, and distributors of alcoholic beverages to retailers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 108, Alcoholic Beverage |
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| 13 | 13 | | Code, is amended by adding Section 108.036 to read as follows: |
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| 14 | 14 | | Sec. 108.036. CERTAIN PROMOTIONAL ITEMS PROVIDED TO |
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| 15 | 15 | | RETAILER BY MANUFACTURER, WHOLESALER, OR DISTRIBUTOR. (a) |
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| 16 | 16 | | Notwithstanding any other provision of this code, a member of the |
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| 17 | 17 | | manufacturing, wholesaler, or distributor tier, other than a local |
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| 18 | 18 | | distributor who holds a permit issued under Chapter 23, may: |
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| 19 | 19 | | (1) sell to a retailer promotional items that bear an |
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| 20 | 20 | | alcoholic beverage manufacturer's logo, brand, or product name and |
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| 21 | 21 | | are designed: |
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| 22 | 22 | | (A) to promote a specific product or brand; and |
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| 23 | 23 | | (B) for use by the consumer, either on or off the |
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| 24 | 24 | | retailer's premises; and |
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| 25 | 25 | | (2) give or sell to a retailer interior signs that have |
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| 26 | 26 | | the primary purpose of advertising a brand or product or the price |
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| 27 | 27 | | of a brand or product, provided that a sign provided to a retailer |
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| 28 | 28 | | under this section may not bear the name, logo, or trademark of a |
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| 29 | 29 | | specific retailer. |
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| 30 | 30 | | (b) Promotional items sold under Subsection (a)(1) may not |
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| 31 | 31 | | be sold for less than the item manufacturer's regularly published |
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| 32 | 32 | | wholesale price. Payment for an item sold under this section must be |
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| 33 | 33 | | in cash, paid on or before delivery. |
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| 34 | 34 | | (c) A manufacturer, wholesaler, or distributor of alcoholic |
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| 35 | 35 | | beverages may not paint, improve, or remodel a retailer's building |
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| 36 | 36 | | or any part of a retailer's building, inside or out, or finance any |
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| 37 | 37 | | improvements to a retailer's building. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2013. |
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