By: Kacal H.B. No. 4685
A BILL TO BE ENTITLED
AN ACT
relating to the sale by certain alcoholic beverage permit holders
of wine or liquor 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 authorizing the retail sale
of wine or liquor for off-premise consumption may not sell wine or
liquor at retail for off-premise consumption at a cost less than the
retailer's cost.
(c) Proof of the retailer's cost for wine or liquor shall:
(1) become a part of the permanent records of each
person who holds a permit authorizing the retail sale of wine or
liquor 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
wine or liquor 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, 2021.