2015S0350-T 03/02/15
By: Eltife S.B. No. 1198
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 a follows:
Sec. 102.011. EXCEPTION: CERTAIN INTERESTS NOT PROHIBITED.
(a) In this section:
(1) "Affiliate" has the meaning assigned by Section
1.002, Business Organizations Code.
(2) "Controlling interest" has the meaning assigned by
Section 171.0001(8), Tax Code.
(b) Notwithstanding Section 102.01 or any other provision
of this code, a person or their affiliate having an interest in a
license or permit issued under this code does not have an unlawful
tied house interest as a result of the person's or affiliate's
ownership interest in the business of another license or permit at a
different level if:
(1) the person or affiliate directly or indirectly
owns five percent or less of the other license or permit holder's
business, assets, property, or equity; or
(2) the person or affiliate indirectly owns more than
five percent of the other license or permit holder's business,
assets, property, or equity and:
(A) the interest does not represent a controlling
interest in the other business;
(B) the interest does not provide the person with
any ability to control the purchase or sale of alcoholic beverages
by the other business.
SECTION 2. Section 102.11, Alcoholic Beverage Code, is
repealed.
SECTION 3. This Act takes effect September 1, 2015.