Bill Text: TX HB1480 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-26 - Left pending in committee [HB1480 Detail]
Download: Texas-2011-HB1480-Introduced.html
| 82R4086 AJA-F | ||
| By: Truitt | H.B. No. 1480 | |
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| relating to the replacement or transfer of certain retail wine | ||
| stock sold for off-premises consumption. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended | ||
| by adding Section 104.08 to read as follows: | ||
| Sec. 104.08. REPLACEMENT OR TRANSFER OF WINE. (a) This | ||
| section applies to the holder of a wine and beer retailer's | ||
| off-premise permit. | ||
| (b) Nothing in this code prohibits the holder of a wine and | ||
| beer retailer's off-premise permit from making a claim for the | ||
| replacement of wine delivered to the retailer by a wholesaler or | ||
| winery in a damaged condition. A wholesaler or winery may not give | ||
| a refund for or replace wine that was damaged while in the | ||
| possession of the retailer. | ||
| (c) To assure and control product quality, at the time of a | ||
| regular delivery, a wholesaler or winery may withdraw and transfer, | ||
| with the permission of the retailer and subject to Subsection (d), a | ||
| quantity of wine in its undamaged original packaging from the | ||
| retailer's stock if: | ||
| (1) the transfer is between stores under the same | ||
| ownership; | ||
| (2) the stock is transferred before the date | ||
| considered by the manufacturer of the product to be the date the | ||
| product becomes inappropriate for sale to a consumer; and | ||
| (3) the quantity of stock withdrawn and transferred | ||
| each time does not exceed the equivalent of 15 cases of 20 liters or | ||
| less of wine each. | ||
| (d) A retailer may not transfer wine under this section more | ||
| than five times a year. | ||
| (e) Nothing in this code shall be construed to authorize any | ||
| holder of a license or permit to transfer from one retail licensed | ||
| or permitted location to another any alcoholic beverage in | ||
| violation of a contractual agreement between a manufacturer of | ||
| alcoholic beverages and a holder of a distributor's license or | ||
| wholesaler's permit or in a manner that would violate any provision | ||
| of this code that mandates an agreement concerning the rights or | ||
| obligations of a holder of a distributor's license or wholesaler's | ||
| permit. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
