Texas 2021 - 87th Regular

Texas Senate Bill SB196 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 196
	2	+	(In the Senate - Filed November 16, 2020; March 3, 2021,
	3	+	read first time and referred to Committee on Business & Commerce;
	4	+	March 26, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; March 26, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 196 By: Nichols
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4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to prohibited relationships between holders of certain
7	14		alcoholic beverage licenses and permits.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 102.04(b), Alcoholic Beverage Code, is
10	17		amended to read as follows:
11	18		(b) Except as permitted in Section 23.01 [of this code], no
12	19		person to whom this section applies may:
13	20		(1) have a direct or indirect interest in the
14	21		business, premises, equipment, or fixtures of a mixed beverage
15	22		establishment;
16	23		(2) furnish or lend any money, service, or other thing
17	24		of value to a mixed beverage permittee or guarantee the fulfillment
18	25		of a financial obligation of a mixed beverage permittee;
19	26		(3) enter or offer to enter into an agreement,
20	27		condition, or system which in effect amounts to the shipment and
21	28		delivery of alcoholic beverages on consignment;
22	29		(4) furnish, rent, lend, or sell to a mixed beverage
23	30		permittee any equipment, fixtures, or supplies used in the selling
24	31		or dispensing of alcoholic beverages;
25	32		(5) pay or make an allowance to a mixed beverage
26	33		permittee for a special advertising or distributing service[, or
27	34		allow the permittee an excessive discount];
28	35		(6) offer to a mixed beverage permittee a prize,
29	36		premium, or other inducement, except as permitted by Section
30	37		102.07(b) [of this code]; or
31	38		(7) advertise in the convention program or sponsor a
32	39		function at a meeting or convention or a trade association of
33	40		holders of mixed beverage permits, unless the trade association was
34	41		incorporated before 1950.
35	42		SECTION 2. Section 102.07(a), Alcoholic Beverage Code, as
36	43		effective September 1, 2021, is amended to read as follows:
37	44		(a) Except as provided in Subsections (a-1), (b), (d), and
38	45		(g), a person who owns or has an interest in the business of a
39	46		distiller, rectifier, wholesaler, class B wholesaler, or winery, or
40	47		the agent, servant, or employee of such a person, may not:
41	48		(1) own or have a direct or indirect interest in the
42	49		business, premises, equipment, or fixtures of a retailer;
43	50		(2) furnish, give, or lend any money, service, or
44	51		thing of value to a retailer;
45	52		(3) guarantee a financial obligation of a retailer;
46	53		(4) make or offer to enter an agreement, condition, or
47	54		system which will in effect amount to the shipment and delivery of
48	55		alcoholic beverages on consignment;
49	56		(5) furnish, give, rent, lend, or sell to a retail
50	57		dealer any equipment, fixtures, or supplies to be used in selling or
51	58		dispensing alcoholic beverages, except that alcoholic beverages
52	59		may be packaged in combination with other items if the package is
53	60		designed to be delivered intact to the ultimate consumer and the
54	61		additional items have no value or benefit to the retailer other than
55	62		that of having the potential of attracting purchases and promoting
56	63		sales;
57	64		(6) pay or make an allowance to a retailer for a
58	65		special advertising or distribution service; or
59	66		(7) [allow an excessive discount to a retailer; or
60	67		[(8)] offer a prize, premium, gift, or similar
61	68		inducement to a retailer or to the agent, servant, or employee of a
62	69		retailer.
63	70		SECTION 3. Section 102.07, Alcoholic Beverage Code, is
64	71		amended by adding Subsection (a-1) to read as follows:
65	72		(a-1) For purposes of Subsection (a)(7), transportation
66	73		provided by a manufacturer subject to Subsection (a) to a retailer
67	74		or retailer's agent, servant, or employee to attend an educational
68	75		program at the manufacturer's facility in this state is not
69	76		considered an inducement unless the manufacturer prohibits a
70	77		retailer or retailer's agent, servant, or employee who accepts the
71	78		transportation from selling a product of a competitor of the
72	79		manufacturer.
73	80		SECTION 4. Section 102.07(c), Alcoholic Beverage Code, is
74	81		repealed.
75	82		SECTION 5. This Act takes effect September 1, 2021.
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