| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to the sale by certain alcoholic beverage permit or |
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| 8 | 10 | | license holders of alcoholic beverages at a cost below the cost to |
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| 9 | 11 | | the seller. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage |
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| 12 | 14 | | Code, is amended by adding Section 109.65 to read as follows: |
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| 13 | 15 | | Sec. 109.65. CERTAIN RETAIL SALES BELOW COST PROHIBITED. |
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| 14 | 16 | | (a) In this section, "retailer's cost" includes applicable |
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| 15 | 17 | | freight, taxes, and duties. |
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| 16 | 18 | | (b) A person who holds a permit or license authorizing the |
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| 17 | 19 | | retail sale of any alcoholic beverage for off-premise consumption |
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| 18 | 20 | | may not sell an alcoholic beverage at retail for off-premise |
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| 19 | 21 | | consumption at a cost less than the retailer's cost. |
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| 20 | 22 | | (c) Proof of the retailer's cost for alcoholic beverages |
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| 21 | 23 | | shall: |
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| 22 | 24 | | (1) become a part of the permanent records of each |
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| 23 | 25 | | person who holds a permit or license authorizing the retail sale of |
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| 24 | 26 | | any alcoholic beverage for off-premise consumption; and |
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| 25 | 27 | | (2) be available for a period of two years for |
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| 26 | 28 | | inspection by the commission. |
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| 27 | 29 | | (d) This section does not apply to the sale of a specific |
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| 28 | 30 | | alcoholic beverage product if the manufacturer of the product has |
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| 29 | 31 | | discontinued the production, importation, special packaging, or |
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| 30 | 32 | | market availability of the product. |
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| 31 | 33 | | (e) The commission shall adopt rules to implement this |
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| 32 | 34 | | section. |
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| 33 | 35 | | SECTION 2. This Act takes effect September 1, 2019. |
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