Bill Text: TX HB4054 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to prohibited relationships between holders of certain alcoholic beverage licenses and permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to State Affairs [HB4054 Detail]
Download: Texas-2023-HB4054-Comm_Sub.html
Bill Title: Relating to prohibited relationships between holders of certain alcoholic beverage licenses and permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to State Affairs [HB4054 Detail]
Download: Texas-2023-HB4054-Comm_Sub.html
88R4765 MPF-D | ||
By: Goldman | H.B. No. 4054 |
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relating to prohibited relationships between holders of certain | ||
alcoholic beverage licenses and permits. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 102.04(b), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(b) Except as permitted in Section 23.01 [ |
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person to whom this section applies may: | ||
(1) have a direct or indirect interest in the | ||
business, premises, equipment, or fixtures of a mixed beverage | ||
establishment; | ||
(2) furnish or lend any money, service, or other thing | ||
of value to a mixed beverage permittee or guarantee the fulfillment | ||
of a financial obligation of a mixed beverage permittee; | ||
(3) enter or offer to enter into an agreement, | ||
condition, or system which in effect amounts to the shipment and | ||
delivery of alcoholic beverages on consignment; | ||
(4) furnish, rent, lend, or sell to a mixed beverage | ||
permittee any equipment, fixtures, or supplies used in the selling | ||
or dispensing of alcoholic beverages; | ||
(5) pay or make an allowance to a mixed beverage | ||
permittee for a special advertising or distributing service [ |
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(6) offer to a mixed beverage permittee a prize, | ||
premium, or other inducement, except as permitted by Section | ||
102.07(b) [ |
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(7) advertise in the convention program or sponsor a | ||
function at a meeting or convention or a trade association of | ||
holders of mixed beverage permits, unless the trade association was | ||
incorporated before 1950. | ||
SECTION 2. Section 102.07, Alcoholic Beverage Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) Except as provided in Subsections (a-1), (b), (d), and | ||
(g), a person who owns or has an interest in the business of a | ||
distiller, rectifier, wholesaler, class B wholesaler, or winery, or | ||
the agent, servant, or employee of such a person, may not: | ||
(1) own or have a direct or indirect interest in the | ||
business, premises, equipment, or fixtures of a retailer; | ||
(2) furnish, give, or lend any money, service, or | ||
thing of value to a retailer; | ||
(3) guarantee a financial obligation of a retailer; | ||
(4) make or offer to enter an agreement, condition, or | ||
system which will in effect amount to the shipment and delivery of | ||
alcoholic beverages on consignment; | ||
(5) furnish, give, rent, lend, or sell to a retail | ||
dealer any equipment, fixtures, or supplies to be used in selling or | ||
dispensing alcoholic beverages, except that alcoholic beverages | ||
may be packaged in combination with other items if the package is | ||
designed to be delivered intact to the ultimate consumer and the | ||
additional items have no value or benefit to the retailer other than | ||
that of having the potential of attracting purchases and promoting | ||
sales; | ||
(6) pay or make an allowance to a retailer for a | ||
special advertising or distribution service; or | ||
(7) [ |
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inducement to a retailer or to the agent, servant, or employee of a | ||
retailer. | ||
(a-1) For purposes of Subsection (a)(7), transportation | ||
provided by a manufacturer subject to Subsection (a) to a retailer | ||
or retailer's agent, servant, or employee to attend an educational | ||
program at the manufacturer's facility is not considered an | ||
inducement unless the manufacturer prohibits a retailer or | ||
retailer's agent, servant, or employee who accepts the | ||
transportation from selling a product of a competitor of the | ||
manufacturer. | ||
SECTION 3. Section 102.07(c), Alcoholic Beverage Code, is | ||
repealed. | ||
SECTION 4. This Act takes effect September 1, 2023. |