Texas 2021 - 87th Regular

Texas House Bill HB3946 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Goldman H.B. No. 3946
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibited relationships between holders of certain
7	7	alcoholic beverage licenses and permits.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 102.04(b), Alcoholic Beverage Code, is
10	10	amended to read as follows:
11	11	(b) Except as permitted in Section 23.01 [of this code], no
12	12	person to whom this section applies may:
13	13	(1) have a direct or indirect interest in the
14	14	business, premises, equipment, or fixtures of a mixed beverage
15	15	establishment;
16	16	(2) furnish or lend any money, service, or other thing
17	17	of value to a mixed beverage permittee or guarantee the fulfillment
18	18	of a financial obligation of a mixed beverage permittee;
19	19	(3) enter or offer to enter into an agreement,
20	20	condition, or system which in effect amounts to the shipment and
21	21	delivery of alcoholic beverages on consignment;
22	22	(4) furnish, rent, lend, or sell to a mixed beverage
23	23	permittee any equipment, fixtures, or supplies used in the selling
24	24	or dispensing of alcoholic beverages;
25	25	(5) pay or make an allowance to a mixed beverage
26	26	permittee for a special advertising or distributing service [, or
27	27	allow the permittee an excessive discount];
28	28	(6) offer to a mixed beverage permittee a prize,
29	29	premium, or other inducement, except as permitted by Section
30	30	102.07(b) [of this code]; or
31	31	(7) advertise in the convention program or sponsor a
32	32	function at a meeting or convention or a trade association of
33	33	holders of mixed beverage permits, unless the trade association was
34	34	incorporated before 1950.
35	35	SECTION 2. Section 102.07, Alcoholic Beverage Code, is
36	36	amended by amending Subsection (a) and adding Subsection (a-1) to
37	37	read as follows:
38	38	(a) Except as provided in Subsections (a-1), (b), (d), and
39	39	(g), a [no] person who owns or has an interest in the business of a
40	40	distiller, brewer, rectifier, wholesaler, class B wholesaler,
41	41	winery, or wine bottler, or [nor] the agent, servant, or employee of
42	42	such a person, may not:
43	43	(1) own or have a direct or indirect interest in the
44	44	business, premises, equipment, or fixtures of a retailer;
45	45	(2) furnish, give, or lend any money, service, or
46	46	thing of value to a retailer;
47	47	(3) guarantee a financial obligation of a retailer;
48	48	(4) make or offer to enter an agreement, condition, or
49	49	system which will in effect amount to the shipment and delivery of
50	50	alcoholic beverages on consignment;
51	51	(5) furnish, give, rent, lend, or sell to a retail
52	52	dealer any equipment, fixtures, or supplies to be used in selling or
53	53	dispensing alcoholic beverages, except that alcoholic beverages
54	54	may be packaged in combination with other items if the package is
55	55	designed to be delivered intact to the ultimate consumer and the
56	56	additional items have no value or benefit to the retailer other than
57	57	that of having the potential of attracting purchases and promoting
58	58	sales;
59	59	(6) pay or make an allowance to a retailer for a
60	60	special advertising or distribution service; or
61	61	(7) [allow an excessive discount to a retailer; or
62	62	[(8)] offer a prize, premium, gift, or similar
63	63	inducement to a retailer or to the agent, servant, or employee of a
64	64	retailer.
65	65	(a-1) For purposes of Subsection (a)(7), transportation
66	66	provided by a manufacturer subject to Subsection (a) to a retailer
67	67	or retailer's agent, servant, or employee to attend an educational
68	68	program at the manufacturer's facility is not considered an
69	69	inducement unless the manufacturer prohibits a retailer or
70	70	retailer's agent, servant, or employee who accepts the
71	71	transportation from selling a product of a competitor of the
72	72	manufacturer.
73	73	SECTION 3. Section 102.07(c), Alcoholic Beverage Code, is
74	74	repealed.
75	75	SECTION 4. This Act takes effect September 1, 2021.