By: Carona, Lucio, Watson S.B. No. 639
(In the Senate - Filed February 18, 2013; February 25, 2013,
read first time and referred to Committee on Business and Commerce;
March 18, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 18, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 639 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the sale of beer, ale, and malt liquor by a brewer or
beer manufacturer to a wholesaler or distributor and contractual
agreements between those entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.75, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 102.75. PROHIBITED CONDUCT. (a) No manufacturer
shall:
(1) induce or coerce, or attempt to induce or coerce,
any distributor to engage in any illegal act or course of conduct;
(2) require a distributor to assent to any
unreasonable requirement, condition, understanding, or term of an
agreement prohibiting a distributor from selling the product of any
other manufacturer or manufacturers;
(3) fix or maintain the price at which a distributor
may resell beer;
(4) fail to provide to each distributor of its brands a
written contract which embodies the manufacturer's agreement with
its distributor;
(5) require any distributor to accept delivery of any
beer or any other item or commodity which shall not have been
ordered by the distributor;
(6) adjust the price at which the manufacturer sells
beer to a distributor based on the price at which a distributor
resells beer to a retailer, but a manufacturer is free to set its
own price so long as any price adjustment is based on factors other
than a distributor's increase in the price it charges to a retailer
and not intended to otherwise coerce illegal behavior under this
section; or
(7) accept payment in exchange for an agreement
setting forth territorial rights.
(b) Nothing in this section shall interfere with the rights
of a manufacturer or distributor to enter into contractual
agreements that could be construed as governing ordinary business
transactions, including, but not limited to, agreements concerning
allowances, rebates, refunds, services, capacity, advertising
funds, promotional funds, or sports marketing funds.
(c) It is the public policy and in the interest of this state
to assure the independence of members of the three-tier system, but
nothing in this code may be construed to prohibit contractual
agreements between members of the same tier who hold the same
licenses and permits.
SECTION 2. The change in law made by this Act to Section
102.75, Alcoholic Beverage Code, takes effect only if each of the
following bills is enacted and becomes law:
(1) Senate Bill No. 515, House Bill No. 1763, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows holders of brewpub licenses to self-distribute
beer, malt liquor, or ale produced under the license to retailers;
(2) Senate Bill No. 516, House Bill No. 1764, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows small brewers to sell ale to retailers;
(3) Senate Bill No. 517, House Bill No. 1765, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows small beer manufacturers to sell beer to
retailers; and
(4) Senate Bill No. 518, House Bill No. 1766, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows small brewers and beer manufacturers to sell beer
and ale to ultimate consumers.
SECTION 3. A change in law made by any of the following
bills takes effect only if this Act or another similar bill of the
83rd Legislature, Regular Session, 2013, is enacted and becomes
law:
(1) Senate Bill No. 515, House Bill No. 1763, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows holders of brewpub licenses to self-distribute
beer, malt liquor, or ale produced under the license to retailers;
(2) Senate Bill No. 516, House Bill No. 1764, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows small brewers to sell ale to retailers;
(3) Senate Bill No. 517, House Bill No. 1765, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows small beer manufacturers to sell beer to
retailers; and
(4) Senate Bill No. 518, House Bill No. 1766, or
another similar bill of the 83rd Legislature, Regular Session,
2013, that allows small brewers and beer manufacturers to sell beer
and ale to ultimate consumers.
SECTION 4. This Act takes effect September 1, 2013.
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