86R16166 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) In this section, "retailer's cost" includes applicable
freight, taxes, and duties.
(b) A person who holds a permit or license authorizing the
retail sale of any alcoholic beverage for off-premise consumption
may not sell an alcoholic beverage at retail for off-premise
consumption at a cost less than the retailer's cost.
(c) 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
any alcoholic beverage for off-premise consumption; and
(2) be available for a period of two years for
inspection by the commission.
(d) This section does not apply to the sale of a specific
alcoholic beverage product if the manufacturer of the product has
discontinued the production, importation, special packaging, or
market availability of the product.
(e) The commission shall adopt rules to implement this
section.
SECTION 2. This Act takes effect September 1, 2019.