| 1 | 1 | | 89R8659 MPF-F |
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| 2 | 2 | | By: Phelan H.B. No. 4517 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to liquor sales on credit by the holder of a distiller's |
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| 10 | 10 | | and rectifier's permit to a wholesaler. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 102, Alcoholic Beverage |
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| 13 | 13 | | Code, is amended by adding Section 102.33 to read as follows: |
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| 14 | 14 | | Sec. 102.33. SALE OF LIQUOR BY DISTILLER AND RECTIFIER TO |
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| 15 | 15 | | WHOLESALER: CREDIT RESTRICTIONS. (a) The holder of a distiller's |
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| 16 | 16 | | and rectifier's permit shall provide an invoice to the holder of a |
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| 17 | 17 | | wholesaler's permit who purchases liquor from the distiller's and |
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| 18 | 18 | | rectifier's permit holder. The invoice must include the date of |
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| 19 | 19 | | purchase. |
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| 20 | 20 | | (b) The holder of a wholesaler's permit shall pay for liquor |
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| 21 | 21 | | purchased from the holder of a distiller's and rectifier's permit on |
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| 22 | 22 | | or before the 30th day after the date the wholesaler receives the |
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| 23 | 23 | | invoice. |
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| 24 | 24 | | (c) If the holder of a wholesaler's permit becomes |
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| 25 | 25 | | delinquent in the payment of an account for liquor under this |
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| 26 | 26 | | section, the holder of the distiller's and rectifier's permit may |
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| 27 | 27 | | report that fact in writing, including by electronic mail or |
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| 28 | 28 | | facsimile transmission, to the commission. An account becomes |
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| 29 | 29 | | delinquent if it is not paid when it is required to be paid under |
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| 30 | 30 | | Subsection (b). |
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| 31 | 31 | | (d) The commission shall maintain a list of wholesaler's |
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| 32 | 32 | | permit holders who have been reported to the commission under |
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| 33 | 33 | | Subsection (c) for failing to pay for the purchase of liquor under |
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| 34 | 34 | | this section. The commission shall remove a wholesaler from the |
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| 35 | 35 | | list on receiving proof that the wholesaler's delinquent account is |
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| 36 | 36 | | paid in full. |
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| 37 | 37 | | (e) The commission may not accept the voluntary |
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| 38 | 38 | | cancellation or suspension of a wholesaler permit or allow a permit |
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| 39 | 39 | | to be renewed or transferred if the permit holder is delinquent in |
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| 40 | 40 | | the payment of an account for liquor under this section. A person |
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| 41 | 41 | | whose permit is canceled by the commission or whose permit has |
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| 42 | 42 | | expired is not eligible to hold any other permit or license under |
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| 43 | 43 | | this code until the person has cured any delinquency of the person |
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| 44 | 44 | | under this section. |
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| 45 | 45 | | (f) The commission shall adopt rules to implement this |
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| 46 | 46 | | section. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2025. |
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