By: Lucio S.B. No. 1776
A BILL TO BE ENTITLED
AN ACT
relating to prohibited discrimination in the sale of distilled
spirits to holders of wholesaler's permits.
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 102.175 to read as follows:
Sec. 102.175. PROHIBITED DISCRIMINATION IN SALE OF
DISTILLED SPIRITS TO WHOLESALERS. (a) A person who sells or offers
to sell distilled spirits to the holder of a wholesaler's permit:
(1) must:
(A) offer the distilled spirits for sale to all
holders of wholesaler's permits on the same terms;
(B) satisfy demand for particular distilled
spirits among holders of wholesaler's permits in a manner that does
not discriminate against particular permit holders; and
(C) offer the distilled spirits for sale at a
price that does not exceed the lowest price at which the person
offers the distilled spirits for sale in any other state; and
(2) may not:
(A) condition the sale of distilled spirits on an
agreement that restricts the holder of a wholesaler's permit with
respect to customers, area of distribution, or resale price or that
otherwise restrains the holder of a wholesaler's permit from
competing in trade and commerce; or
(B) offer a discount based on the quantity
purchased.
(b) Subsection (a) does not prohibit a person who sells or
offers to sell distilled spirits to a holder of a wholesaler's
permit from:
(1) refusing to sell distilled spirits to the holder
of a wholesaler's permit who is delinquent in the payment of amounts
due for previous purchases from the seller;
(2) offering to sell distilled spirits to the holder
of a wholesaler's permit under stricter credit terms than the
seller generally offers or denying credit to the holder of a
wholesaler's permit if the seller reasonably believes that the
holder of the wholesaler's permit will be unable to comply with the
otherwise applicable credit terms; or
(3) offering direct or indirect payment of marketing
fees, rebates, or other payments or credits to a holder of a
wholesaler's permit if the payments are offered to all holders of
wholesaler's permits on the same terms, which may include the
allocation of those payments among wholesalers based on the pro
rata volume of product purchased by each wholesaler from the seller
after September 1, 2007.
SECTION 2. Sections 36.08 and 37.10, Alcoholic Beverage
Code, are repealed.
SECTION 3. This Act takes effect September 1, 2013.