| 1 | 1 | | 87R12067 JAM-D |
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| 2 | 2 | | By: Kacal H.B. No. 4349 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sale by certain alcoholic beverage permit holders |
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| 8 | 8 | | of wine or liquor at a cost below the cost to the seller. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage |
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| 11 | 11 | | Code, is amended by adding Section 109.65 to read as follows: |
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| 12 | 12 | | Sec. 109.65. CERTAIN RETAIL SALES BELOW COST PROHIBITED. |
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| 13 | 13 | | (a) In this section, "retailer's cost" includes applicable |
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| 14 | 14 | | freight, taxes, and duties. |
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| 15 | 15 | | (b) A person who holds a permit authorizing the retail sale |
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| 16 | 16 | | of wine or liquor for off-premise consumption may not sell wine or |
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| 17 | 17 | | liquor at retail for off-premise consumption at a cost less than the |
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| 18 | 18 | | retailer's cost. |
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| 19 | 19 | | (c) Proof of the retailer's cost for wine or liquor shall: |
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| 20 | 20 | | (1) become a part of the permanent records of each |
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| 21 | 21 | | person who holds a permit authorizing the retail sale of wine or |
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| 22 | 22 | | liquor for off-premise consumption; and |
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| 23 | 23 | | (2) be available for a period of two years for |
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| 24 | 24 | | inspection by the commission. |
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| 25 | 25 | | (d) This section does not apply to the sale of a specific |
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| 26 | 26 | | wine or liquor product if the manufacturer of the product has |
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| 27 | 27 | | discontinued the production, importation, special packaging, or |
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| 28 | 28 | | market availability of the product. |
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| 29 | 29 | | (e) The commission shall adopt rules to implement this |
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| 30 | 30 | | section. |
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| 31 | 31 | | SECTION 2. This Act takes effect September 1, 2021. |
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