Texas 2025 - 89th Regular

Texas House Bill HB4284 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Geren H.B. No. 4284
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to an excessive discount on certain alcoholic beverages.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 102.04(b), Alcoholic Beverage Code, is
9	11		amended to read as follows:
10	12		(b) Except as permitted in Section 23.01 [of this code], no
11	13		person to whom this section applies may:
12	14		(1) have a direct or indirect interest in the
13	15		business, premises, equipment, or fixtures of a mixed beverage
14	16		establishment;
15	17		(2) furnish or lend any money, service, or other thing
16	18		of value to a mixed beverage permittee or guarantee the fulfillment
17	19		of a financial obligation of a mixed beverage permittee;
18	20		(3) enter or offer to enter into an agreement,
19	21		condition, or system which in effect amounts to the shipment and
20	22		delivery of alcoholic beverages on consignment;
21	23		(4) furnish, rent, lend, or sell to a mixed beverage
22	24		permittee any equipment, fixtures, or supplies used in the selling
23	25		or dispensing of alcoholic beverages;
24	26		(5) pay or make an allowance to a mixed beverage
25	27		permittee for a special advertising or distributing service [, or
26	28		allow the permittee an excessive discount];
27	29		(6) offer to a mixed beverage permittee a prize,
28	30		premium, or other inducement, except as permitted by Section
29	31		102.07(b) [of this code]; or
30	32		(7) advertise in the convention program or sponsor a
31	33		function at a meeting or convention or a trade association of
32	34		holders of mixed beverage permits, unless the trade association was
33	35		incorporated before 1950.
34	36		SECTION 2. Section 102.07(a), Alcoholic Beverage Code, is
35	37		amended to read as follows:
36	38		(a) Except as provided in Subsections (b), (d), and (g), no
37	39		person who owns or has an interest in the business of a distiller,
38	40		brewer, rectifier, wholesaler, class B wholesaler, winery, or wine
39	41		bottler, nor the agent, servant, or employee of such a person, may:
40	42		(1) own or have a direct or indirect interest in the
41	43		business, premises, equipment, or fixtures of a retailer;
42	44		(2) furnish, give, or lend any money, service, or
43	45		thing of value to a retailer;
44	46		(3) guarantee a financial obligation of a retailer;
45	47		(4) make or offer to enter an agreement, condition, or
46	48		system which will in effect amount to the shipment and delivery of
47	49		alcoholic beverages on consignment;
48	50		(5) furnish, give, rent, lend, or sell to a retail
49	51		dealer any equipment, fixtures, or supplies to be used in selling or
50	52		dispensing alcoholic beverages, except that alcoholic beverages
51	53		may be packaged in combination with other items if the package is
52	54		designed to be delivered intact to the ultimate consumer and the
53	55		additional items have no value or benefit to the retailer other than
54	56		that of having the potential of attracting purchases and promoting
55	57		sales;
56	58		(6) pay or make an allowance to a retailer for a
57	59		special advertising or distribution service; or
58	60		(7) [allow an excessive discount to a retailer; or
59	61		[(8)] offer a prize, premium, gift, or similar
60	62		inducement to a retailer or to the agent, servant, or employee of a
61	63		retailer.
62	64		SECTION 3. Section 102.07(c), Alcoholic Beverage Code, is
63	65		repealed.
64	66		SECTION 4. This Act takes effect September 1, 2025.