Texas 2025 - 89th Regular

Texas Senate Bill SB1355 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Parker, Hagenbuch S.B. No. 1355
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	2	+	(In the Senate - Filed February 18, 2025; March 6, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 24, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; March 24, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1355 By: Parker
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to liquor sales on credit by the holder of a distiller's
9	14		and rectifier's permit to a wholesaler.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Subchapter B, Chapter 102, Alcoholic Beverage
12	17		Code, is amended by adding Section 102.33 to read as follows:
13	18		Sec. 102.33. SALE OF LIQUOR BY DISTILLER AND RECTIFIER TO
14	19		WHOLESALER: CREDIT RESTRICTIONS. (a) The holder of a distiller's
15	20		and rectifier's permit shall provide a written invoice to the
16	21		holder of a wholesaler's permit who purchases liquor from the
17	22		holder of the distiller's and rectifier's permit.
18	23		(b) The holder of a wholesaler's permit shall pay for liquor
19	24		purchased from the holder of a distiller's and rectifier's permit in
20	25		accordance with the agreed terms of a contract or letter of
21	26		agreement between the holder of the distiller's and rectifier's
22	27		permit and the wholesaler.
23	28		(c) If the holder of a wholesaler's permit becomes
24	29		delinquent in the payment of an invoice for liquor under this
25	30		section, the holder of the distiller's and rectifier's permit who
26	31		sold the liquor to the wholesaler may report that fact in writing,
27	32		along with any supporting documentation, to the commission. For
28	33		purposes of this section, a wholesaler becomes delinquent in the
29	34		payment of an invoice if the wholesaler:
30	35		(1) fails to pay the amount due to the holder of the
31	36		distiller's and rectifier's permit on or before the date payment is
32	37		required under the agreed terms of a contract or letter of agreement
33	38		between the holder of the distiller's and rectifier's permit and the
34	39		wholesaler; and
35	40		(2) fails to pay the amount due to the holder of the
36	41		distiller's and rectifier's permit after receiving a demand for
37	42		payment from the holder of the distiller's and rectifier's permit,
38	43		in accordance with any agreed payment terms of a contract or letter
39	44		of agreement between the holder of the distiller's and rectifier's
40	45		permit and the wholesaler.
41	46		(d) It is a violation of this section for the holder of a
42	47		wholesaler's permit to become delinquent in the payment of an
43	48		invoice under this section. The commission may take disciplinary
44	49		action against a wholesaler who violates this section. In
45	50		determining an appropriate disciplinary action for the violation,
46	51		the commission may consider:
47	52		(1) the duration of the delinquency;
48	53		(2) the amount of the delinquent payment;
49	54		(3) any previous violations of this section committed
50	55		by the wholesaler;
51	56		(4) the financial resources of the wholesaler; and
52	57		(5) any other factors the commission or administrator
53	58		determines relevant.
54	59		(e) The commission shall adopt rules to implement this
55	60		section, including rules regarding the submission of supporting
56	61		documentation by the holder of a distiller's and rectifier's permit
57	62		under Subsection (c).
58	63		SECTION 2. This Act takes effect September 1, 2025.
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