86R6031 BEE-D
By: Hernandez H.B. No. 2165
A BILL TO BE ENTITLED
AN ACT
relating to the sale by certain alcoholic beverage permit or
license holders of alcoholic beverages at a cost below the cost to
the seller.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage
Code, is amended by adding Section 109.65 to read as follows:
Sec. 109.65. CERTAIN RETAIL SALES BELOW COST PROHIBITED.
(a) A person who holds a permit or license authorizing the retail
sale of alcoholic beverages may not sell an alcoholic beverage at
retail at a cost less than the retailer's cost.
(b) Proof of the retailer's cost for alcoholic beverages
shall:
(1) become a part of the permanent records of each
person who holds a permit or license authorizing the retail sale of
alcoholic beverages; and
(2) be available for a period of two years for
inspection by the commission.
(c) This section does not apply to the sale of a specific
alcoholic beverage product if:
(1) the manufacturer of the product has discontinued
the production, importation, or market availability of the product;
or
(2) the retailer liquidates, by sale or destruction,
all of the retailer's inventory of the product the retailer has on
the date the retailer begins to sell the product at a cost less than
the retailer's cost.
(d) A retailer who liquidates a specific alcoholic beverage
product as authorized by Subsection (c)(2) may not sell the product
at a cost less than the retailer's cost before the second
anniversary of the date the retailer completes the liquidation of
the product.
SECTION 2. This Act takes effect September 1, 2019.