83R10494 JAM-F
By: Van de Putte S.B. No. 1493
A BILL TO BE ENTITLED
AN ACT
relating to delinquent payment of an alcoholic beverage retailer's
account for liquor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.32, Alcoholic Beverage Code, is
amended by amending Subsection (d) and adding Subsections (d-2),
(d-3), and (d-4) to read as follows:
(d) Each delivery of liquor shall be accompanied by an
invoice giving the date of purchase. If a retailer becomes
delinquent in the payment of an account for liquor, the wholesale
dealer immediately shall report that fact in writing, including by
electronic mail or facsimile transmission, to the commission or
administrator. A wholesale dealer may not sell any liquor to a
retailer who appears on the commission's list of retailers
ineligible to purchase liquor under Subsection (d-4) [is
delinquent] until the delinquent account is paid in full and
cleared from the records of the commission. An account becomes
delinquent if it is not paid when it is required to be paid under
Subsection (c).
(d-2) As soon as practical after the 10th and 25th day of
each month, the commission shall electronically publish a list of
retailers who have been reported to the commission as being
delinquent since the previous report was published. Not later than
the fourth business day after the date a list is published, a
retailer who appears on the list must:
(1) notify the commission that the retailer was
included on the list in error and submit proof to the commission
showing that the retailer's account is paid in full or that the
retailer's account is paid in full except for an amount that is the
subject of a legitimate dispute; or
(2) pay in full any legitimately reported delinquency
and submit proof to the commission showing that the retailer's
account is paid in full.
(d-3) At 12:01 a.m. on the day immediately following the
fourth business day after the date a list is published under
Subsection (d-2), the commission shall add a retailer who appears
on the list to the list of retailers ineligible to purchase liquor
under Subsection (d-4) if the retailer fails to comply with
Subsection (d-2)(1) or (2).
(d-4) The commission shall electronically publish a list of
retailers who are ineligible to purchase liquor because the
retailers are delinquent in the payment of an account for liquor.
The commission shall immediately remove a retailer's name from the
list on receiving proof that the retailer's account is paid in full
or that the retailer's account is paid in full except for an amount
that is the subject of a legitimate dispute.
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, 2013.